UC-NRLF 


REGISTRATION 


AND 


ELECTION  LAWS 


OF  THE 


STATE  OF  DELAWARE 

As  Found  in  the  Revised  Statutes  of  1915,  and  Amended  by  the 
Ninety-fifth  General  Assembly. 


PUBLISHED    BY    AUTHORITY    OF    A    SENATE    JOINT 

RESOLUTION   APPROVED   MARCH   8,    1915,   BY 

GEO.  H.  HALL,   SECRETARY  OF  STATE. 


REGISTRATION 


AND 


ELECTION  LAWS 


OF  THE 


STATE  OF  DELAWARE 

'• 

As  Found  in  the  Revised  Statutes  of  1915,  and  Amended  by  the 
Ninety-fifth  General  Assembly. 


PUBLISHED    BY    AUTHORITY    OF    A    SENATE    JOINT 

RESOLUTION   APPROVED    MARCH   8,    1915,   BY 

GEO.  H.  HALL,  SECRETARY  OF  STATE. 


1916 

of  Milford  Chronicle  Pub.  Co. 
Milford,  Delaware 


••»;;•••     ;  ;.*. 


3X3 


t. 


CHAPTER  270.— VOLUME  28. 

SENATE  JOINT  RESOLUTION  authorizing  the  Secretary  of 
State  to  have  printed  the  Election  Laws. 

Be  it  Resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaware  in  Geneial  Assembly  met: 

That  the  Secretary  of  State  be  and  he  is  hereby  author- 
ized to  have  printed  in  pamphlet  form,  with  an  index  thereto, 
two  thousand  copies  of  the  Election  and  Registration  Laws 
with  the  recent  amendments  thereto,  for  the  information  of 
those  who  register  the  vote  and  hold  the  elections  of  this  State, 
and  the  Secretary  of  State  is  hereby  directed  and  authorized 
to  print  as  a  part  of  said  pamphlet  Sections  one,  two  and  three 
of  Article  Five  of  the  Constitution  of  the  State  of  Delaware. 

Approved  March  8,  A.  D.  1915. 


SECTIONS  1,  2  AND  3  OF  ARTICLE  V,  OF  THE  CONSTITU- 
TION OF  THE  STATE  OF  DELAWARE. 
ELECTIONS. 

Section  1.  The  general  election  shall  be  held  biennially 
on  the  Tuesday  next  after  the  first  Monday  in  the  month  of  No- 
vember, and  shall  be  by  ballot ;  but  the  General  Assembly  may 
by  law  prescribe  the  means,  methods  and  instruments  of  voting 
so  as  best  to  secure  secrecy  and  the  independence  of  the  voter, 
preserve  the  freedom  and  purity  of  elections  and  prevent  fraud, 
corruption  and  intimidation  thereat. 

Section  2.  Every  male  citizen  of  this  State  of  the  age  of 
twenty-one  years  who  shall  have  been  a  resident  thereof  one 
year  next  preceding  an  election,  and  for  the  last  three  months  a 
resident  of  the  county,  and  for  the  last  thirty  days  a  resident 
of  the  hundred  or  election  district  in.  which  he  may  offer  to 
vote,  and  in  which  he  shall  have  been  duly  registered  as  herein- 
after provided  for,  shall  be  entitled  to  vote  at  such  election  in 
the  hundred  or  election  district  of  which  he  shall  at  the  time  be 
a  resident,  and  in  which  he  shall  be  registered,  for  all  officers 
that  now  are  or  hereafter  may  be  elected  by  the  people  and  up- 
on all  questions  which  may  be  submitted  to  the  vote  of  the  peo- 
ple ;  provided,  however,  that  no  person  who  shall  attain  the  age 
of  twenty-one  years  after  the  first  day  of  January  in  the  year 
of  our  Lord,  nineteen  hundred,  or  after  that  date  shall  become 
a  citizen  of  the  United  States,  shall  have  the  right  to  vote  unless 
he  shall  be  able  to  read  this  Constitution  in  the  English  lan- 
guage and  write  his  name ;  but  these  requirements  shall  not  ap- 
ply to  any  person  who  by  reason  of  physical  disability  shall  be 
unable  to  comply  therewith ;  arid  provided  also,  that  no  person 
in  the  military,  naval,  or  marine  service  of  the  United  States 
shall  be  considered  as  acquiring  a  residence  in  this  State,  by 
being  stationed  in  any  garrison,  barrack,  or  military  or  naval 
place  or  station  within  this  State ;  and  no  idiot  or  insane  per- 
son, pauper,  or  person  convicted  of  a  crime  deemed  by  law  fel- 
ony, or  incapacitated  under  the  provisions  of  this  Constitution 
from  voting,  shall  enjoy  the  right  of  an  elector;  and  the  Gen- 
eral Assembly  may  impose  the  forfeiture  of  the  right  of  suf- 
frage as  a  punishment  for  crime. 


M143516 


Section  3.  No  person  who  shall  receive  or  accept,  or  offer 
to  receive  or  accept,  or  shall  pay,  transfer,  or  deliver,  or  offer 
or  promise  to  pay,  transfer  or  deliver,  or  shall  contribute,  or 
offer  or  promise  to  contribue  to  another,  to  be  paid  or  used,  any 
money  or  other  valuable  thing  as  a  compensation,  inducement 
or  reward  for  the  registering  or  abstaining  from  registering  of 
any  one  qualified  to  register,  or  for  the  giving  or  withholding, 
or  in  any  manner  influencing  the  giving  or  withholding,  a  vote 
at  any  general,  special  or  municipal  election  in  this  State,  shall 
vote  at  such  election ;  and  upon  challenge  of  any  of  said  causes 
the  person  so  challenged  before  the  officers  authorized  for  that 
purpose  shall  receive  his  vote,  shall  swear  or  affirm  before  such 
officers  that  he  has  not  received  or  accepted,  or  offered  to  re- 
ceive or  accept,  or  paid,  transferred  or  delivered,  or  offered  or 
promised  to  pay,  transfer  or  deliver,  or  contribute,  or  offered 
or  promised  to  contribute  to  another,  to  be  paid  or  used,  any 
money  or  other  valuable  thing  as  a  compensation,  inducement 
or  reward  for  the  registering  or  abstaining  from  registering  of 
any  one  qualified  to  register,  or  for  the  giving  or  withholding, 
or  in  any  manner  influencing  the  giving  or  withholding,  a  vote 
at  such  election. 

Such  oath  or  affirmation  shall  be  conclusive  evidence  to  the 
election  officers  of  the  truth  of  such  oath  or  affirmation ;  but  if 
any  such  oath  or  affirmation  shall  be  false,  the  person  making 
the  same  shall  be  guilty  of  perjury,  and  no  conviction  thereof 
shall  bar  any  prosecution  under  Section  8  of  this  Article. 


TITLE    EIGHT. 
ELECTIONS. 

CHAPTER  56.  REGISTRATION  OP  VOTERS. 

CHAPTER  57.  DEPARTMENT  OF  ELECTIONS  FOR  THE  CITY  OF 
WILMINGTON. 

CHAPTER  58.  PRIMARY  ELECTIONS. 
CHAPTER  59.  INSPECTORS  OF  ELECTIONS. 
CHAPTER  60.  GENERAL  ELECTIONS. 

CHAPTER  61.  ELECTION  OF  ELECTORS  OF  PRESIDENT  AND 
VICE-PRESIDENT. 

CHAPTER  62.  ELECTION  OF  UNITED  STATES  SENATORS. 
CHAPTER  63.  ELECTION  OF  REPRESENTATIVES  IN  CONGRESS. 
CHAPTER  64.  CONTESTED  ELECTIONS. 


CHAPTER  56. 
Registration  of  Voters, 


Sec.  1.  Registration  officers  out- 
side of  Wilmington ; 
appointed  by  Gover- 
nor; number;  qualifi-  Sec.  2. 
cations ;  designations ; 
terms  of  office ;  division 
between  political  par- 
ties; county  executive 
committee  to  furnish 
names;  when;  failure 
to  furnish  names; 
alternate  regist  r  a  r  s 
outside  of  Wilmington; 
terms  of  office;  powers  Sec.  3. 
and  duties;  vacancies; 
oaths ;  who  may  admin- 


ister ;     registrars 
igible  to  office. 


inel- 


Oath  of  office;  when 
taken;  duty  to  act;  re- 
fusal to  qualify  or  act; 
penalty ;  exemption 
from  jury  and  military 
duty;  persons  exempt 
from  jury  duty  not  re- 
quired to  act  as  regis- 
tration officers. 

Registration  books;  pre- 
pared by  whom;  at 
whose  expense;  desig- 


See.  12. 


Sec.  13. 


nations  of;   entries  in; 
size;  how  ruled. 

Sec.  4.  Delivery  of  Books  by 
Governor ;  when ;  to 
whom ;  by  S  h  e  r  i  ff  ; 
when;  to  whom;  by 
Department  of  Elec- 
tions for  Wilmington; 
when;  to  whom. 

Sec.  5.  Endorsements  on  books 
of  registration. 


Sec.     6.     General    registration   of    gec    14. 
voters    biennially. 

Sec.     7.     Registration        officers; 

duties;    places;    hours;    gec    15. 
days  and  notice  of  sit- 
ting. 

Sec.  8.  Admission  to  registra- 
tion room;  number  of 
witnesses;  persons  not 
admitted;  ejecting  of 
persons.  I 

Sec.     9.     Registration       officers; 
meeting;     duties;     en- 
tries made  in  books.       Sec.  16. 

Sec.  10.     Challenge    for    bribery; 
oath;    form     of;      oath 
conclusive;  false  oath; 
perjury;    conviction    of 
perjury  a  bar  to  prose-    Sec.  17. 
cution  under  section  8,  • 
Art.  V,  of  Constitution; 
refusal  to    take     oath; 
entry. 


printing  and  posting 
lists  of  registered  vot- 
ers. 

Review  of  decision  of 
registration;  notice  of 
hearing ;  entry  when 
name  struck  off. 

Removal  from  district 
after  registration;  tran- 
sfer of  registration  to 
district  of  residence ; 
when;  entries  upon  ap- 
plication for  removal. 

Quorum;  majority  may 
act;  notices  how  given 
and  when. 

Comparison  of  registra- 
tion books ;  entry  of 
names  omitted;  correc- 
tion of  books;  certifi- 
cate of  registration  of- 
ficers in  books  of  reg- 
istered voters;  verifica- 
tion; cost  of  verifica- 
tion in  New  Castle 
County,  how  paid;  cer- 
tificate to  registers. 

Appeals  from  registra- 
tion officers;  decision 
of  Judge  final;  notice 
to  registrars;  time  of 
hearing. 

Assistant  Registrars ; 
duty  to  make  entries; 
exception  ;  registrar 
shall  receive  and  file 
affidavits. 


Sec.  11.     Entries  made    in    pres-    Sec.  18.     Sittings     of     judges     to 
ence       of       applicant;  hear  appeals;     places; 


Sec.  19. 


Sec.   23. 


times;  hearings;  what 
appeals  to  be  heard  and 
when;  appeals  from 
certain  registration  de- 
cisions not  received  in 
second  week  of  appeals 
except  upon  affidavit; 
affidavit  of  notice  of  ap- 
peals; notice  to  regis- 
trars; service  of;  time 
of  service;  order  of 
judge;  entry  of;  how 
made;  duties  of  Su- 
preme Court  Judge. 


Registrar,  custodian  of 
books;  attendance  at 
hearing  of  appeals,  and 
for  corrections;  to 
have  books  present  and  Sec.  24. 
make  entries  as  order- 
ed by  Judge. 


fenders  for  trial;  pro- 
cess to  be  issued  to 
sheriff  or  constable ; 
service  of;  fees  of  offi- 
cer acting;  no  extra 
compensation  to  regis- 
trar for  services  under 
this  section. 

Compensation;  regis- 
trar; assistant  regis- 
trar; alternate  regis- 
trar ;  ascertain  m  e  n  t 
and  certification;  by 
whom  paid;  cost  of 
printing,  posting  notic- 
es, ink  and  stationeryv 
paid  by  Levy  Court. 

Spirituous  liquors  in 
registration  places  ; 
misdemeanor;  penalty. 


Sec.  20.     Alternate         registrars ;  Sec.  25.    Fraudulent  entries  or  al- 

powers;    duties;    books  terations     in     registra- 

and    appeal    notices    to  tion  books,  misdemean- 

be  delivered  to,  when.  or;  penalty. 


Sec.  21.     Registrar      to      deliver    Sec-  26- 
books  to  inspector  &c., 
when;      certain     books 
and     papers     retained; 
open     for     inspection; 
copies  may  be  made  af-    Sec.   27. 
ter     general     election; 
duplicate     books  deliv- 
ered to  clerk     of     the 
peace. 

Sec.  22.    Registrars'     powers     to 
preserve  order;  to  com- 
pel  attendance  of  wit-    Sec.  28. 
nesses;     to   administer 
oaths;     to     commit  of- 


Wrongf  ul  registration ; 
assault;  riot,  breach  of 
the  peace;  misdemean- 
ors; penalties. 

Registration  books; 
loss;  destruction;  mu- 
tilation; secreting; 
making  false  entries 
in;  erasures  in;  false 
copies  of;  misdemean- 
ors; penalties. 

Posted  lists ;  mutila- 
tion; defacement;  pull- 
ing down;  destroying; 


misdemeanors; 
ties. 


10 


penal-    Sec.  34.    Notice  of  time  of  visit- 
ing  camps. 


Sec.  29.     Special  elections;  regis-    SQQ    3g     Record    Qf     applicants; 
tration      for;       entries  how  kept 

how  and  when  made; 
books  procured  from 

clerk  of  the  peace;  du-    Sec-  36-     Separate    lists  for    each 
to      deliver      books;  election  district, 

books  delivered  to  in- 
spector holding  special 
election  and  to  clerk  Sec"  37V  Return  of  auxiliary  reg- 

of  the  peace. 


Sec.   30.     Domicile  of  persons  in    Sec.  38.     Registrars     of     election 


army  or  navy  not  lost. 

Sec.  31.  Rgistration  of  citizens 
in  military  or  naval 
service. 


Sec.  32.  Auxiliary  registrars;  ap- 
pointment ;  qualifying ; 
duties. 


districts  to  enter  on 
registration  books  the 
names  returned  by  aux- 
iliary registrar ;  chal- 
lenge; registrar  to 
keep  list;  subject  to  in- 
spection ;  registrar  to 
make  list  of  those  reg- 
gistered  and  not  regis- 
tered; appeals. 


Sec.  33.     Application  for  registra- 
tion deemed  a  personal    Sec.  39.     Compensation   of   auxil- 
application  within  sec-  iary     registrars;     how 

tion  4,  Art.  V,  of  Con-  paid, 

stitution. 


1619.  Sec.  1.  Registration  Officers  Outside  of  Wilmington; 
Appointed  by  Governor;  Number;  Qualifications;  Designa- 
tions; Terms  of  Office;  Division  Between  Political  Parties; 
County  Executive  Committee  to  Furnish  Names;  When;  Fail- 
ure to  Furnish  Names;  Alternate  Registrars  Outside  of  Wil- 
mington; Terms  of  Office;  Powers  and  Duties;  Vacancies; 
Oaths ;  Who  May  Administer ;  Registrars  Ineligible  to  Office  :— 
The  Governor  shall,  sometime  in  the  month  of  June  in  each 
year  in  which  a  general  election  is  held,  appoint  in  each  elec- 


11 

tion  district  in  this  State,  outside  of  the  City  of  Wilmington, 
three  capable  persons,  who  shall  be  voters  and  resident  in  the 
Election  District  for  -which  they  shall  be  appointed,  who  shall 
be  the  registration  officers  of  the  Election  District  for  which 
they  are  appointed ;  one  of  whom  shall  be  designated  as  * '  Reg- 
istrar," and  the  other  two  "Assistant  Registrars,"  and  not 
more  than  two  of  them  shall  be  of  the  same  political  faith; 
provided,  that  the  number  of  registration  officers  in  each  Re- 
presentative District,  shall  be  divided  as  equally  as  possible 
between  the  two  leading  political  parties,  as  the  same  shall  be 
determined  upon  by  the  Governor  at  the  time  of  making  the 
appointments.  For  each  appointment  accredited  to  any  po- 
litical party  under  this  section  the  County  Executive  Commit- 
tee of  such  political  party  shall  furnish  the  Governor  on  or 
before  the  first  day  of  June  of  the  year  in  which  said  appoint- 
ment is  to  be  made  a  list  of  three  names  of  properly  qualified 
persons,  from  which  lists  the  Governor  shall  make  his  appoint- 
ments. Provided,  however,  that  if  the  said  lists  of  names  are 
not  furnished  as  aforesaid,  then,  and  in  that  event  the  Gover- 
nor shall  appoint  some  suitable  person  or  persons  of  su<;h  po- 
litical party  having  all  the  qualifications  provided  by  this  sec- 
tion. 


The  terms  of  office  of  such  Registration  officers  shall  begin 
on  the  first  Tuesday  in  July  next  after  their  appointment,  and 
shall  continue  for  two  years  thereafter,  and  until  their  suc- 
cessors shall  be  duly  chosen  and  qualified. 

I.  It  shall  be  the  duty  of  the  Governor,  when  appointing 
Registration  officers  for  the  several  election  districts  of  this 
State,  at  the  same  time  to  appoint  in  each  election  district  in 
the  State  outside  the  City  of  Wilmington,  one  capable  person, 
who  shall  be  a  voter  and  resident  in  the  election  district  for  which 
he  shall  be  appointed,  to  be  "Alternate  Registrar"  for  the  said 
election  district.  The  term  of  office  of  said  "Alternate  Regis- 
trar" shall  be  the  same  as  that  of  the  Registrar,  and  whenever 
the  Registrar  provided -for  by  this  chapter  shall  be  incapable 
from  any  cause  whatsoever  of  performing  the  duties  required 
of  him  by  the  laws  of  this  State,  the  "Alternate  Registrar"  in 
the  same  election  district  shall  act  in  his  stead,  and  while  act- 
ing shall  possess  all  the  powers  and  do  and  perform  all  the 
duties  of  a  Registrar. 


12 

II.  But  nothing  herein  contained  shall  authorize  or  em- 
power the  Alternate  Registrar  to  act  at  any  time  when  there  is 
a  Registrar  of  the  election  district  able  and  willing  and  present 
to  act.    If  any  Registration  officer  or  Alternate  Registrar  shall 
remove  from  the  election  district  for  which  he  shall  be  ap- 
pointed, or  shall  cease  to  be  a  voter  therein,  his  office  shall 
thereupon  become  vacant. 

III.  If  any  vacancy  or  vacancies  should  occur  in  the  office 
of  Registrar,  Assistant  Registrar,  or  Alternate  Registrar  be- 
fore the  expiration  of  such  term,  from  any  cause  whatsoever, 
the  Governor  shall  appoint  some  suitable  person  or  persons 
to  fill  such  vacancy  or  vacancies,  who  shall  serve  for  the  resi- 
due of  such  unexpired  term  or  terms,  who  shall  possess  the 
same  qualifications  and  be  qualified  in  the  same  manner,  pos- 
sess the  same  powers  and  perform   the    same    duties    as    the 
original  appointee  or  appointees.     Each  Registrar,  Assistant 
Registrar  and  Alternate  Registrar  appointed  for  an  Election 
District  outside  of  the  City  of  "Wilmington,  before  entering 
upon  the  duties  of  his  office,  shall  take  and  subscribe  before 
the  Clerk  of  the  Peace  of  the  County  in  which  he  shall  reside, 
and  each  Registrar,  Assistant  Registrar  and  Alternate  Regis- 
trar appointed  for  an  Election  District  in  the  City  of  "Wilming- 
ton, before  entering  upon  the  duties  of  his  office,  shall  take  and 
subscribe  before  the  Department  of  Elections  for  the  City  of 
Wilmington,  the  following  oath  or  affirmation: 

* '  I, ,  residing  in 

Election  District  of  Repre- 
sentative District  in County,  do 

solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution 
of  the  United  States,  and  the  Constitution  of  the  State  of  Del- 
aware, and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of  Registrar  (or  Assistant  Registrar  or  Alternate  Regis- 
trar) for Election  District  in 

Representative  District  in  

County,  according  to  the  best  of  my  ability." 

The  Clerk  of  the  Peace  of  the  County  and  any  member  of 
or  Clerk  of  said  Department  of  Elections  for  the  City  of  Wil- 
mington is  authorized  and  empowered  to  administer  such  oath 
or  affirmation ;  provided  that  no  fee  be  charged  for  administer- 
ing such  oaths  or  affirmations  by  said  member  or  Clerk  of  said 
Department  of  Elections. 


13 

IV.  Should  any  Registrar,  Assistant  Registrar  or  Alter- 
nate Registrar,  after  taking  said  oath  and  before  entering  up- 
on the  active  duties  of  said  office,  become  a  candidate  for  any 
office  to  be  voted  for  by  the  electors  of  the  election  district  for 
which  he  is  appointed  Registrar,  Assistant  Registrar  or  Alter- 
nate Registrar,  the  said  office  shall  ipso  facto  become  vacant 
and  be  filled  by  the  appointment  of  another  person  to  the 
same.  After  any  Registrar,  Assistant  Registrar  or  Alternate 
Registrar  shall  have  entered  upon  the  active  duties  of  his  office 
he  shall  thereby  become  ineligible  to  any  office  to  be  voted  for 
at  the  next  ensuing  general  election. 

1620.  Sec.  2.     Oath  of  Office;    When   Taken;    Duty  to  Act; 
Refusal  to  Qualify  or  Act ;  Penalty ;  Exemption  from  Jury  and 
Military  Duty ;  Persons  Exempt  from  Jury  Duty  not  Required 
to  Act  as  Registration  Officers: — Each  and  every  person  ap- 
pointed as  aforesaid  to  act  as  Registrar,  Assistant  Registrar 
or  Alternate  Registrar,  shall  qualify  as  such  Registrar,  As- 
sistant Registrar  or  Alternate  Registrar  by  taking  or  subscrib- 
ing the  oath  or  affirmation  prescribed  in  the  preceding  section, 
within  ten  days  after  being,  notified  of  his  appointment,  and 
shall  perform  the  duties  of  the  office  for  the  term  for  which 
he  was  appointed,  unless  he  shall  become  disqualified  by  sick- 
ness or  otherwise ;  but  any  Registrar,  Assistant  Registrar  or 
Alternate  Registrar  who  shall  be  appointed  to  fill  a  vacancy 
shall  qualify  forthwith. 

If  any  Registrar,  Assistant  Registrar  or  Alternate  Regis- 
trar who,  being  appointed  either  for  a  full  term  or  to  fill  a 
vacancy,  shall  refuse  to  qualify  as  aforesaid,  or,  having  qual- 
ified, shall  fail  or  refuse  to  perform  any  of  the  duties  of  said 
office  he  shall  forfeit  and  pay  to  the  State  a  fine  of  one  hundred 
dollars,  upon  conviction  thereof  by  indictment  in  the  Court  of 
General  Sessions  of  the  county  where  such  offense  was  com- 
mitted. 

The  Registration  officers  aforesaid  during  the  time  they 
hold  such  office  shall  be  exempt  from  the  performance  of  mil- 
itary duty,  and  when  in  the  actual  discharge  of  the  duties  of 
their  office  from  jury  duty,  and  no  person  who  by  the  laws  of 
this  State  is  exempt  from  jury  duty  hsall  be  required  to  serve 
as  Registration  officer. 

1621.  Sec.  3.    Registration  Books;  Prepared  by  Whom;    at 
Whose   Expense;    Designations   of;    Entries   in;    Size;    How 
Ruled: — It  shall  be  the  duty  of  the  Governor  to  cause  the  fol- 


14 

lowing  books  to  be  prepared,  at  the  expense  of  the  State,  for 
the  use  of  the  said  Registration  officers  in  each  election  district 
in  this  State,  including  those  in  the  City  of  Wilmington,  for  the 
registration  of  names  and  facts  following,  to  wit : 

First:  Two  books  for  the  Registration  officers  in  each 
election  District,  including  those  in  the  City  of  Wilmington, 
to  be  known  by  the  general  name  of  ''Registers,"  and  to  be  so 
arranged  as  to  admit  of  the  convenient  entry  of  the  following 
particulars : 

I.  The  name  of  the  person  applying  to  be  registered, 
written  in  full  (or  his  first  Christian  name,  and  also  any  other 
name  by  which  he  is  generally  known,  written  in  full,  with  the 
initial  or  initials  of  any  other  name  or  names  which  he  may 
have  in  addition  thereto). 

Second :    His  age  on  date  of  next  General  Election. 
Third :    The  place  of  birth. 

Fourth :  The  place  of  his  residence,  or  street  and  number, 
if  any,  and  his  postoffice  address. v 

Fifth :  The  time  of  his  residence  in  the  State,  County  and 
Election  District  in  which  he  shall  apply  to  be  registered. 

Sixth :    If  naturalized. 

Seventh :    If  registered  voter. 

Eighth :    If  disqualified. 

Ninth :    Date  of  application  for  registration. 

Tenth :    If  challenged. 

Eleventh :    Cause  of  challenge. 

Twelfth:    Appeal. 

Thirteenth:    Remarks,  explanatory  and  supplementary. 

II.  Such  Registers  shall  be  uniform  in  their  general  char- 
acter, shall  be  ruled  in  parallel  columns,  and  shall  be  of  such 
size  to  contain  not  less  than  fifteen  hundred  names. 

III.  The  ruling  and  the  heading  in  the  above  described 
Registers  shall  be  substantially  in  the  form  following,  to-wit  :— 

.  .Name  . 


15 

,  Age  on  date  of  next  General  Election 

.  Nativity 

.  Kesidence 

State  . 


County  .  . 

Election  District j  Residence 


.Naturalized 

.Registered  Voter  .  . 

.Disqualified 

.Date  of  Application 

If  Challenged 

.Cause  of  Challenge  . 

.Appeal  .  .  •  • 

.Remarks  . 


Second:  Two  books  for  the  Registration  officers  of  each. 
Election  District,  to  be  known  by  the  name  of  "  Books  of  Reg- 
istered Voters"  for  alphabetical  lists  of  all  persons  whose 
names  may  be  entered  on  the  Register  aforesaid  as  "  registered 
voters."  Said  books  to  be  ruled  in  parallel  columns  and  so 
arranged  as  to  admit  of  the  convenient  entry  in  alphabetical 
order  of  the  name  of  every  person  who  may  be  entered  on  the 
registers  aforesaid  as  a  "Registered  Voter,"  and  in  the  par- 
allel column  opposite  the  name  of  such  person  the  following 
particulars,  to-wit: 

First.    His  residence. 

Second.  His  age,  stating  whether  he  will  be  of  the  age  of 
twenty-one  years  or  upwards  on  the  day  of  the  next  General 
Election. 

1622.  Sec.  4.  Delivery  of  Books,  by  Governor;  When;  to 
Whom;  by  Sheriff;  When;  to  Whom;  by  Department  of  Elec- 
tions for  Wilmington;  When;  to  Whom:— The  Sheriff  of  each 
County  shall  sometime  previous  to  the  first  Saturday  in  the 
month  of  July,  in  the  year  of  holding  the  General  Election, 
deliver  to  the  Registrar  of  each  election  district  of  his  county, 


16 

two  of  the  books  known  as  "Registers,"  two  of  the  books 
known  as  "Books  of  Registered  Voters";  provided,  however, 
that  the  Sheriff  of  New  Castle  County  shall  not  deliver  said 
books  for  the  several  election  districts  in  the  City  of  Wilming- 
ton to  the  Registrars  of  each  election  district  in  said  City,  but 
the  Governor  shall,  previous  to  the  first  Saturday  in  July  of 
every  General  Election,  deliver  to  the  Department  of  Elections 
for  the  City  of  Wilmington  two  of  the  books  known  as  "Reg- 
isters,'' two  of  the  books  known  as  "Books  of  Registered 
Voters";  and  provided  further,  however,  that  the  Department 
of  Elections  for  the  City  of  Wilmington  shall,  within  one  week 
before  the  first  day  of  registration  of  voters  in  the  year  of 
every  General  Election  deliver  to  the  Registrar  of  each  Elec- 
ton  District  in  the  City  of  Wilmington  two  of  the  books  known 
as  "Registers,"  two  of  the  books  known  as  "Books  of  Regis- 
tered Voters";  all  of  which  said  books  addressed  to  the  Reg- 
istrar of  each  election  district  of  the  County,  the  Governor 
shall  cause  to  be  delivered  to  the  Sheriff  in  each  of  the  Counties 
of  this  State  and  to  the  Department  of  Elections  for  the  City 
of  Wilmington,  respectively,  at  least  five  days  before  the  first 
Saturday  in  July  in  the  year  of  holding  the  General  Election. 

1623  Sec.  5.  Endorsements  on  Books  of  Registration: — Each 
of  the  said  Registrars  immediately  upon  receiving  said  "Reg- 
isters" and  "Books  of  Registered  Voters"  shall  endorse  upon 
the  back  and  write  at  the  head  of  each  "Register"  and  "Book 
of  Registered  Voters"  delivered  to  him  as  aforesaid,  the  name 
of  the  County  and  the  name  of  the  election  district  of  such 
County  of  which  he  is  a  Registrar  and  of  which  such  books 
shall  respectively  be  the  "Registers"  and  "Books  of  Register- 
ed Voters"  as  aforesaid. 

1624.  Sec.  6.    General  Registration  of  Voters  Biennially:— 

For  the  purpose  of  preventing  fraud  at  all  elections  held  on  the 
Tuesday  next  after  the  first  Monday  in  the  month  of  Novem- 
ber, as  provided  by  Section  1  of  Article  V,  of  the  Constitution, 
and  of  facilitating  the  ascertainment  of  those  who  are  duly 
qualified  electors  according  to  the  said  Constitution  and  laws 
of  this  State,  there  shall  be  a  general  registration  of  all  the 
qualified  voters  resident  in  each  election  district  of  this  State. 

1625.  Sec.  7.    Registration  Officers;  Duties;  Places;  Hours, 
Days  and  Notice  of  Sitting:— It  shall  be  the  duty  of  the  Regis- 
trar and  two  Assistant  Registrars  appointed  in  each  Election 
District  in  this  State  to  register  the  names  of  all  qualified 


17 

voters  in  each  of  such  election  districts  as  hereinafter  provided 
in  this  Chapter.  And  to  that  end  shall  sit  for  the  purpose  of 
ascertaining  and  registering  the  persons  who  are  qualified  to 
enjoy  the  right  of  an  elector  at  the  general  election  then  next 
following,  at  such  public  and  suitable  places  in  their  respective 
election  districts  as  will,  in  their  judgment,  be  most  convenient 
for  the  voters  thereof,  from  eight  o'clock  A.  M.  until  seven 
o'clock  P.  M.,  with  an  intermission  from  twelve  to  one  o'clock, 
on  the  third  Saturday  in  July  on  the  first  and  second  Satur- 
days in  August,  on  the  third  Saturday  in  September  and  on  the 
third  Saturday  next  preceding  the  day  of  election. 

Outside  of  the  City  of  Wilmington  each  of  said  Registrars, 
at  least  ten  days  prior  to  the  first  sitting  for  the  purpose  of 
registration  as  aforesaid,  shall  give  public  notice,  by  adver- 
tisement, posted  in  ten  or  more  of  the  most  public  places  in  his 
election  district,  of  the  places  where  the  Registration  officers 
shall  sit  for  the  registration  of  voters  as  aforesaid,  and  the 
day  or  days  when  they  will  sit  at  each  of  said  places.  In  the 
City  of  Wilmington,  the  Department  of  Elections  for  the  City 
of  "Wilmington  shall,  at  least  ten  days  prior  to  the  first  day  set 
for  the  purpose  of  Registration  as  aforesaid,  give  public  notice 
by  advertisements,  posted  in  ten  or  more  of  the  most  public 
places  in  each  election  district,  in  the  City  of  Wilmington,  of 
the  places  where  the  registration  officers  shall  sit  for  registra- 
tion of  voters  aforesaid,  and  the  day  or  days  when  they  will 
sit  at  each  of  said  places. 

1626.  Sec.  8.    Admission  to  Registration  Room;  Number  of 
Witnesses;  Persons  Not  Admitted;  Ejecting  of  Persons: — The 

Registration  officers  shall  admit  into  the  room  in  which  regis- 
tration is  being  made  one  suitable  person  to  be  selected  by  and 
to  represent  each  of  the  political  parties  having  candidates  to 
be  voted  for  at  the  coming  election,  the  applicants  for  registra- 
tion (one  at  a  time),  and  such  witness  or  witnesses  as  the  ap- 
plicant may  desire  to  establish  his  right  to  be  registered,  and 
such  witness  or  witnesses  as  the  person  who  challenges  the 
right  of  any  applicant  to  be  registered  may  name,  provided, 
however,  that  in  no  case  shall  there  be  more  than  one  witness 
in  the  room  at  the  same  time,  and  provided  further  that  no 
other  person  or  persons  shall  be  admitted  into  the  room  during 
the  registration  of  voters,  and  they  may  eject  from  the  room 
any  of  such  persons  behaving  in  a  disorderly  manner. 

1627.  Sec.  9.    Registration  Officers;  Meeting;  Duties;  Entries 


18 

Made  in  Books: — The  Registrar  and  the  Assistant  Registrars 
in  each  election  district  in  this  State  shall  at  the  times  in  this 
Chapter  designated  for  registration  meet  in  their  respective 
election  districts  at  the  places  which,  as  provided  in  this  Chap- 
ter, shall  be  designated  for  such  meeting,  and  at  such  times 
shall  do  and  perform  the  following  acts,  viz : 

First:  They  shall  record  in  the  registers  in  the  column 
headed  "name"  the  name  of  every  male  person  who  shall  per- 
sonally appear  before  them,  and  apply  to  be  registered,  writ- 
ing his  surname  and  first  Christian  name  in  full  and  also  any 
other  name  by  which  he  is  generally  known,  with  the  initial 
or  initials  of  any  other  name  or  names  which  he  may  have  in 
addition  thereto,  the  surname  being  written  first.  The  names 
of  said  applicant  for  registration  shall  be  numbered  consecu- 
tively in  the  order  of  their  application,  the  number  being  enter- 
ed on  the  Registers  in  figures  immediately  before  each  name. 

Second:  They  shall  examine  all  persons,  who  personally 
apply,  as  to  their  qualifications  as  electors,  and  shall  immed- 
iately enter  in  the  Register  the  statements  and  facts  below  set 
forth,  and  in  the  manner  following,  viz : 

I.  In  the  column  headed  "Age  on  date  of  next  General 
Election,"  whether  he  will  be  of  the  age  of  twenty-one  years 
or  upwards  on  the  day  of  the  next  General  Election. 

II.  In  the  column  headed  "nativity,"  they  shall  enter  the 
State,  territory  or  country  in  which  the  applicant  states  he  was 
born. 

III.  Under  the   column  headed  "residence,"   the  name 
and  number  of  the  street,  avenue,    or   other   location    of   the 
dwelling,  if  there  be  a  number,  and  if  there  shall  not  be  a  num- 
ber, the  postoifice  of  the  person  so  applying  for  registration,  or 
such  other  clear  and  definite  description  of  the  place  of  said 
dwelling  as  shall  enable  it  to  be  readily  ascertained,  fixed  and 
determined. 

IV.  In  the  subdivision  of  the  column  headed  "term  of 
residence,"  how  long  he  has  resided  in  the  State,  how  long  in 
the  County  and  how  long  in  the  election  district  in  which  he 
applies  to  be  registered. 

V.  In  the  column  headed  "naturalized"  the  words  "yes" 
•r  "no"  or  "native"  as  the  facts  shall  appear. 


19 

VI.  In  the  column  headed  ''registered  voter,"  if  the  reg- 
istration officers  shall  be  satisfied,  upon  examination  or  other- 
wise, that  the  applicant  for  registration  is  entitled  to  be  reg- 
istered as  a  registered  voter,  they  shall  write  his  name  in  full 
as  written  in  the  first  column. 

VII.  In  the  column  headed  "disqualified,"  if  they  are 
satisfied  upon  examination  or  otherwise,  that  the  applicant  for 
registration  is  disqualified  as  an  elector  in  the  election  district 
in  which  he  shall  apply  to  be  registered,  a  line  shall  be  heavily 
drawn  in  ink  opposite  his  name  headed  "Registered  Voter" 
and  the  cause  of  his  disqualification  shall  be  briefly  stated  in 
the  column  headed  "disqualified,"  opposite  his  name  as  first 
recorded,  and  a  line  shall  be  drawn  across  his  name  as  first 
entered,  but  in  such  manner  that  said  name  shall  remain  leg- 
ible.    Provided  that  every  applicant  for  registration  shall  be 
held  and  considered  to  be  a  qualified  voter,  if  he  be  a  male 
citizen  of  this  State  of  the  age  of  twenty-one  years  and  up- 
wards, or  who  will  be  the  age  of  twenty-one  years  on  or  before 
the  day  of  election,  next  succeeding  his  registration,  and  will 
have  resided  in  this  State  one  year  next  before  such  election, 
and  for  the  last  three  months  thereof  will  have  been  a  resident 
of  the  County,  and  for  the  last  thirty  days  a  resident  of  the 
election  district  in  which  he  may  offer  to  vote  and  in  which  he 
shall  have  been  duly  registered;  provided  that  no  person  in 
the  military,  naval  or  marine  service  of  the  United  States  shall 
be  considered  as  acquiring  a  residence  in  this  State,  by  being 
stationed  in  any  garrison,  barrack,  or  military  or  naval  place 
or  station  within  this  State;  and  no  idiot,  or  insane  person, 
pauper,  or  person  convicted  of  a  crime  deemed  by  law  a  felony, 
or  person  who  shall  have  been  rendered  incapable  of  voting  by 
reason  of  violating  Section  7  of  Article  V.  of  the  Constitution 
of  this  State  for  ten  years  next  following  his  conviction  and 
sentence  thereunder,  shall  be  held  or  constituted  a  qualified 
voter. 

VIII.  In  the  column  headed  "Date  of  Application,"  they 
shall  enter  the  day  of  the  month  and  year  on  which  application 
for  registration  is  made. 

IX.  In  the  column  headed  "if  challenged"  the  words 
"yes  "or  "no.." 

X.  In  the  column  headed  "cause    of    challenge."    they 
shall  enter  the  objections  and  by  whom  made. 


20 

XI.  In  the  column  headed  "Appeal"  they    shall    enter 
"yes"  or  "no." 

XII.  In  the  column  headed  "remarks"  they  may  enter 
such  facts  or  statements  as  may  be  deemed  pertinent  to  the 
qualification  or  disqualification  of  the  applicant  as  an  elector. 

Third:  In  making  the  entries  hereinbefore  specified  the 
Registration  officers  shall  in  every  case  make  such  entries  in 
the  columns  above  specified  opposite  the  name  of-  the  applicant 
to  whom  such  entries  are  intended  to  apply;  if  the  Registra- 
tion officers  shall  be  in  doubt,  after  the  primary  examination 
of  the  applicant  for  registration,  and  upon  such  evidence  as 
may  be  immediately  obtainable,  whether  such  applicant  ought 
to  be  registered  as  a  registered  voter,  they  may  postpone  the 
determination  of  the  matter  to  their  next  sitting  or  to  a  later 
sitting  at  the  request  of  the  applicant. 

Fourth:  It  shall  be  the  duty  of  the  Registration  officers 
of  each  and  every  election  district  in  this  State,  upon  the  close 
of  each  day's  registration,  to  write  in  the  line  on  their  regis- 
ters, immediately  below  the  last  person  registered  on  said  day 

the  words  "end  of  the   day's  registration," 

and  immediately  under  said  entry  the  said  Registration  officers 
shall  sign  their  respective  names  with  the  proper  designation 
of  their  office.  The  said  entries  shall  in  no  way  interfere  with 
the  numbering  of  the  names  of  the  persons  as  the  same  shall  be 
entered  upon  said  Registers,  but  the  same  shall  be  continued 
as  if  the  said  entries  had  not  been  made. 

1627  A.  Sec.  9  A.  Registration  .of  .Moors — If.  any.  person, 
being  of  the  race  of  people  known  as  "Moors,"  and 
qualified  to  become  a  registered  voter  in  Sussex  Coun- 
ty, at  any  primary,  special  or  general  election,  shall 
apply  for  the  registration  of  his  name  as  a  qualified  voter  of 
said  County,  upon  the  days  appointed  for  the  registration  of 
voters  therein,  the  Registrar  or  Alternate  Registrar  shall,  up- 
on request  being  made  therefor,  caused  to  be  entered  in  the 
registration  and  election  books,  containing  the  names  of  the 
qualified  voters  of  Sussex  County,  the  word  "Moor"  after  the 
name  of  such  person  so  applying  for  registration  and  making 
the  request  as  aforesaid. 

1628.  Sec.  10.  Challenge  for  Bribery;  Oath;  Form  of;  Oath 
Conclusive;  False  Oath;  Perjury;  Conviction  of  Perjury  a  Bar 
to  Prosecution  Under  Section  8,  Article  V.  of  Constitution; 
Refusal  to  Take  Oath;  Entry:— If,  upon  the  personal  appli- 


21 

cation  of  any  one  to  be  registered,  he  shall  be  challenged  for 
having  received  or  accepted,  or  for  having  offered  to  receive  or 
accept,  or  for  having  paid,  transferred  or  delivered,  or  for 
having  offered  or  promised  to  pay,  transfer  or  deliver,  or  for 
having  contributed  or  offered  or  promised  to  contribute  to  an- 
other to  be  paid  or  used  any  money  or  other  valuable  thing  as 
a  compensation,  inducement  or  reward  for  the  registering  or 
abstaining  from  registering  of  any  one  qualified  to  register,  it 
shall  be  the  duty  of  the  Registrar  to  administer  to  the  person 
so  challenged  an  oath  or  affirmation,  as  follows,  viz : 

"You  do  solemnly  swear  upon  the  Holy  Evangels  of  Al- 
mighty God  (or  'You  do  solemnly,  sincerely  and  truly  declare 
and  affirm')  that  you  have  not  received  or  accepted  or  offered 
to  receive  or  accept,  or  paid,  transferred  or  delivered,  or  offer- 
ed or  promised  to  pay,  transfer  or  deliver,  or  contributed  or 
offered  or  promised  to  contribute  to  another,  to  be  paid  or  used, 
any  money  or  other  valuable  thing  as  a  compensation,  induce- 
ment or  reward  for  the  registering  or  abstaining  from  register- 
ing of  any  one  qualified  to  register  at  the  registration  for  this 
present  year,  so  help  you  God"  (or  "so  you  do  solemnly,  sin- 
cerely and  truly  declare  and  affirm"). 

Such  oaths  or  affirmations  shall  be  conclusive  evi- 
dence to  the  Registration  officers  of  the  truth  of  such  oath  or 
affirmation;  but  if  any  such  oath  or  affirmation  shall  be  false, 
the  person  making  the  same  shall  be  guilty  of  perjury,  and  a 
conviction  thereof  shall  bar  any  prosecution  under  Section  8 
of  Article  V.  of  the  Constitution.  If  any  person  so  challenged 
as  aforesaid,  shall  refuse  to  make  the  oath  or  affirmation  above 
prescribed,  then  it  shall  be  the  duty  of  the  Registration  officers 
to  cause  a  line  to  be  heavily  drawn  in  ink  opposite  his  name  in 
the  column  headed  "Registered  Voter,"  and  in  the  column 
headed  "Disqualified"  to  insert  the  words  "disqualified  for 
refusing  to  make  the  oath  concerning  bribery  at  registration, ' ' 
opposite  his  name  as  first  entered,  and  a  line  shall  be  drawn 
across  the  name  as  first  entered,  in  such  manner  that  said  name 
shall  remain  legible. 

1629.    Sec.   11.    Entries  Made  in  Presence  of  Applicant: — 

When  the  Registration  officers  of  any  election  distiict  in 
this  State,  at  any  of  the  sittings  hereinbefore  provided  for, 
shall  enter  in  the  Registers  the  name  of  any  applicant  for  reg- 
istration as  a  registered  voter,  they  shall  immediately  there- 
after enter,  in  the  presence  of  such  applicant,  if  he  remains  in 
attendance,  in  its  proper  alphabetical  place  in  the  "Book  of 


22 

applicant,  and  also  his  residence  and  his  age,  if  he  will  be  of 
the  age  of  twenty-one  years  or  upwards  on  the  day  of  the  next 
following  general  election. 

1630.  Sec.  12.    Review  of  Decision  of  Registration;  Notice  of 
Hearing;  Entry  When  Name  Struck  Off: — Upon  the  affidavit 
of  a  legal  voter  in  an  election  district,  made  before  any  person 
authorized  by  the  laws  of  this  State  to  administer  oaths  and 
presented  to  the  Registration  officers  of  the  election  district, 
of  which  said  affiant  is  a  voter,  that  in  his  opinion  any  person 
(naming  him)  is  illegally  registered  in  such  election  districts 
as  a  registered  voter  and  setting  forth  the  reasons  thereof,  it 
shall  be  the  duty  of  the  Registration  officers  to  examine  into 
the  matter  of  the  registration  of  such  person,  and,  if  said  Reg- 
istration officers  deem  it  a  proper  case  for  a  hearing,  notice 
shall  be  given  to  such  person,  either  personally  or  in  writing, 
in  the  manner  hereinafter  provided,  to  appear  before  the  said 
Registration  officers  at  their  next  sitting  to  show  cause  why 
his  name  shall  not  be  stricken  from  the  "Books  of  the  Register- 
ed Voters"  of  such  election  district.    And  if  upon  examination 
and  inquiry  the  Registration  officers  shall  be  satisfied,  at  the 
sitting  at  which  such  person  had  notice  to  appear,  that  he  ought 
not  to  be  registered  as  a  registered  voter,  a  heavy  line  shall 
be  drawn  in  ink  through  his  name  in  the  column  headed  * '  Reg- 
istered Voter,"  and  a  line  shall  be  drawn  through  his  name  as 
first  entered,  but  in  such  manner  as  said  name  shall  remain 
legible,  and  the  cause  of  his  disqualification  shall  be  briefly 
stated  in  the  column  headed  ' '  Disqualified, ' '  and  in  the  column 
headed  "Remarks,"  opposite  his  said  name  shall  be  written 
the  words  "adjudged  disqualified  on  revision  by  the  Registra- 
tion officers, ' '  and  the  date  when  his  disqualification  was  ascer- 
tained as  aforesaid;  and  in  the  books  of  "registered  voters" 
a  heavy  line  of  ink  shall  be  drawn  through  his  name,  his  res- 
idence, and  his  age. 

1631.  Sec.  13.    Removal  From  District  After  Registration; 
Transfer  of  Registration  to  District  of  Residence;  When;  En- 
tries Upon  Application  for  Removal: — If  any  person  registered 
as  a  registered  voter,  in  any  election  district  in  this  State,  shall 
after  he  is  so  registered,  remove  from  the  district  in  which  he 
is  so  registered  to  any  other  district  in  the  County,  he  may 
apply  in  person  to  the  registration  officers  of  the  election  dis- 
trict in  which  he  is  registered  and  have  his  name  stricken  from 
the  "Registers"  and  from  the  "Books  of  Registered  Voters" 
in  which  his  name  shall  appear,  and  may  obtain  from  said  reg- 


23 

istration  officers  a  certified  copy  of  the  entries  in  the  register 
and  books  of  registered  voters  relating  to  him,  together  with 
a  certificate  that  his  name  has  been  stricken  from  the  register 
and  books  of  registered  voters,  as  aforesaid;  and  it  shall  be 
lawful  for  him,  after  his  name  shall  be  so  stricken  from  said 
registers  and  book  of  registered  voters,  to  cause  himself  to  be 
registered  in  the  election  district  to  which  he  may  have  remov- 
ed upon  producing  the  aforesaid  certificate  and  copy  of  entries 
in  said  registers  and  books  of  registered  voters ;  provided  that 
by  the  next  following  general  election  he  will  have  acquired 
in  the  election  district  to  which  lie  has  removed  the  residence 
required  by  the  Constitution.  The  registration  officers  to 
whom  such  person  may  apply  to  have  his  name  stricken  from 
the  registers  and  books  of  registered  voters  shall  draw  a  line 
in  ink  through  his  name  and  all  the  entries  opposite  his  name  in 
said  registers  and  books  of  registered  voters,  and  in  the  col- 
umn in  the  registers  headed  "Remarks"  shall  enter  "removed 

from  this  election  district  into election 

district  in  this  County,"  and  shall  prepare  and  deliver  to  him 
the  certified  copy  of  entries  and  the  certificate  aforesaid. 

1632.  Sec.  14.    Quorum;  Majority  May  Act;  Notices,  How 
Given  and  When: — At  every  sitting  of  said  Registration  offic- 
ers two  shall  constitute  a  quorum  and  the  acts  of  a  majority 
shall  be  as  valid  as  the  acts  of  all  of  them. 

In  all  cases  where  written  notice  is  required  by  this  Chap- 
ter to  be  given  to  any  person  such  notice  shall  be  deemed  suf- 
ficient if  addressed  to  the  person  to  be  notified  at  the  postoffice 
named  by  him,  at  the  time  of  his  application  for  registration, 
and  deposited  in  the  mail  not  later  than  the  Wednesday  next 
preceding  the  sitting  of  the  Registration  officers  at  which  he 
may  be  notified  to  appear. 

1633.  Sec.  15.    Comparison  of  Registration  Books;  Entry  of 
Names  Omitted;  Correction  of  Books;  Certificate  of  Registra- 
tion Officers  in  Books  of  Registered  Voters ;  Verification ;  Cost  of 
Verification  in  New  Castle  County,  How  Paid;  Certificate  to 
Registers : — It  shall  be  the  duty  of  the  Registration  officers,  im- 
mediately after  the  close  of  their  last  sitting,  carefully  to  com- 
pare the  two  Registers,  and  see  that  they  agree  with  each 
other  in  every  particular,  and  also  to  compare  the  alphabetical 
lists  of  "Registered  Voters"  as  contained  in  the  "Books  of 
Registered  Voters"  aforesaid,  with  the  said  Registers,  and  to 
see  that  the  name  of  every  person  entered  upon  the  Registers 


24 

as  a  Registered  Voter  is  entered  in  its  proper  alphabetical  place 
on  each  of  the  two  lists  of  Registered  Voters,  with  the  resi- 
dence and  also  the  age  if  it  be  the  age  of  twenty-one  years  or 
upwards  on  the  day  of  the  next  general  election,  as  entered  on 
the  Registers.  If  any  name  in  the  Registers  which  ought  to 
have  been  entered  on  said  alphabetical  lists  of  Registered 
Voters  shall  have  been  omitted  therefrom,  it  shall  be  the  duty 
of  said  Registration  officers  to  enter  such  name  in  its  proper 
alphabetical  place,  on  the  proper  alphabetical  lists,  together 
with  the  proper  entries  as  they  appeal  on  the  said  "Registers. 

It  shall  be  the  further  duty  in  such  comparison  of  the  al- 
phabetical lists  with  the  Registers  to  make  such  corrections  on 
the  alphabetical  lists  as  will  make  the  names  and  entries  ap- 
pearing on  the  alphabetical  lists  agree  with  the  same  names 
and  entries  as  entered  on  the  Registers.  It  shall,  also  be  the 
duty  of  the  said  Registration  officers,  within  three  days  after 
their  last  sitting  to  append  to  each  of  said  alphabetical  lists 
of  " registered  voters"  contained  in  said  "Books  of  Registered 
Voters"  a  certificate,  verified  by  the  oath  or  affirmation  of  said 
Registration  officers,  or  at  least  two  of  them,  that  the  said 
"Book  of  Registered  Voters"  contains  a  complete  list  of  the 
registered  voters  of  said  election  district,  as  the  same  are  en- 
tered in  the  "Books  of  Registered  Voters"  of  such  election 
district. 

The  Levy  Court  of  New  Castle  County  shall  pay  the  fees 
for  administering  said  oaths  or  affirmations  made  by  the  Reg- 
istration officers  of  said  County.  The  fee  for  administering 
each  of  said  oaths  or  affirmations  shall  not  exceed  the  sum  of 
twenty-five  cents. 

The  said  Registration  officers  shall,  within  the  three  days 
aforesaid,  also  append  to  the  registers  of  their  election  districts 
a  certificate  that  each  of  said  Registers  is  the  official  Register 
of  such  election  district,  and,  so  far  as  within  their  knowledge, 
no  false  or  improper  entries  have  been  made  therein,  which  cer- 
tificate shall  be  made  and  verified  by  at  least  two  of  said  Reg- 
istration officers. 

1634.  Sec.  16.  Appeals  From  Registration  Officers;  Decision 
of  Judge,  Final;  Notice  to  Registrars;  Time  of  Hearing: — 

From  the  decision  of  the  Registration  officers  granting  or  re- 
fusing registration,  or  striking  or  refusing  to  strike  a  name  or 
names  from  the  Registration  lists,  any  person  interested,  or  any 
Registration  officer  may  appeal  to  the  Resident  Associate 
Judge  of  the  County,  or  in  case  of  his  disability  or  absence  from 


25 

the  County,  to  any  judge  entitled  to  sit  in  the  Supreme  Court, 
whose  determination  shall  be  final;  and  in  order  to  prosecute 
said  appeal  it  shall  be  the  duty  of  the  person  taking  the  same 
to  notify  the  "Registrar"  of  the  election  district  from  the  de- 
cision of  whose  officers  said  appeal  is  taken,  stating  in  said  no- 
tice the  time  when  said  appeal  will  be  presented  to  the  Resi- 
dent Associate  Judge  of  his  County  or  such  judge  of  the  Su- 
preme Court  as  may  sit  for  the  purpose  of  receiving  and  hear- 
ing such  appeal,  which  time  shall  be  one  of  the  days  herein- 
after named  for  such  resident  Associate  Judge  or  Judge  of  the 
Supreme  Court  to  sit  for  the  purpose  of  receiving  and  hearing 
appeals. 

1635.  Sec.  17.    Assistant  Registrars;  Duty  to  Make  Entries; 
Exception;  Registrar  Shall  Receive  and  File   Affidavits: — It 
shall  be  the  duty  of  the  Assistant  Registrars  in  this  Chapter 
provided  for  to  make  all  the  proper  entries  in  the  "Registers" 
and  "Books  of  Registered  Voters"  as  the  same  are  required  by 
this  Chapter  to  be  made,  except  such  entiies  as  are  provided 
for  in  Section  18  of  this  Chapter ;  and  it  shall  be  the  duty  of  the 
Registrar  to  receive  and  file  all  affidavits  which  may  be  filed. 

1636.  See.  18.     Sittings  of  Judges  to  Hear  Appeals;  Places; 
Times ;  Hearings ;  What  Appeals  to  be  Heard,  and  When ;  Ap- 
peals from  Certain  Registration   Decisions   Not   Received   in 
Second  Week  of  Appeals  Except  Upon  Affidavit;  Affidavit  of 
Notice  of  Appeals;  Notice  to  Registrars;  Service  of;  Time  of 
Service ;  Order  of  Judge ;  Entry  of ;  How  Made ;  Duties  of  Su- 
preme Court  Judge : — It  shall  be  the  duty  of  the  Resident  As- 
sociate Judge  of  New  Castle  County  to  sit  at  the  Levy  Court 
room  of  New  Castle  County  and  the  resident  Associate  Judge 
of  Kent  County  to  sit  at  the  Levy  Court  Room  of  Kent  County, 
and  the  resident  Associate  Judge  of  Sussex  County  to  sit  at  the 
office  of  the  Clerk  of  the  Peace  for  Sussex  County,  or  if  said 
places  cannot  conveniently  be  had,  then  at  such  proper  and 
suitable  places  in  the  County  seat  of  the  respective  Counties  of 
this  State  as  shall  be  designated  by  notice  signed  by  the  said 
resident  Associate  Judge  of  his  County,  and  posted  on  the  door 
of  the  respective  places  aforesaid,  stating  where  he  will  sit, 
for  the  purpose  of  hearing  appeals  from  the  decision  of  the 
Registrars  in  the  respective  election  districts  of  his  County,  on 
the  first  Tuesday  in  September  in  the  year  in  which  registra- 
tion is  required  by  law  to  be  made,  at  ten  o'clock  in  the  morn- 
ing of  said  day;  on  which  day  he  shall   receive   appeals   from 
such  persons  as  shall  have  appealed  from  the  decision  of  the 


26 

Registration  officers  of  the  respective  election  districts  in  his 
County,  which  shall  be  presented  on  said  day,  and  he  shall  pro- 
ceed to  hear  all  appeals  which  shall  have  been  filed  as  aforesaid 
on  said  day,  and  may  continue  the  hearing  of  any  such  appeal 
or  appeals  from  day  to  day  during  the  remainder  of  the  week, 
and  shall  sit  again  on  the  first  Monday  after  the  fourth  Sat- 
urday in  September  for  the  purpose  aforesaid,  to  hear  and  de- 
termine such  appeals  as  shall  not  have  been  acted  upon,  and 
also  such  as  may  be  presented  and  filed  on  said  last  mentioned 
day,  and  may  continue  the  hearing  of  any  appeal  or  appeals 
then  unheard  from  day  to  day  during  the  remainder  of  the 
week,  and  until  all  appeals  which  shall  then  have  been  filed 
shall  have  been  heard  and  decided.  The  said  resident  Associate 
Judge  shall  again  sit  for  the  purpose  of  hearing  appeals  as 
aforesaid  on  the  Tuesday  next  following  the  last  day  of  regis- 
tration as  provided  for  in  this  Chapter,  to  receive  appeals  from 
such  persons  as  shall  have  appealed  from  the  decision  of  the 
Registration  officers  of  the  respective  election  distiicts  in  his 
county  as  aforesaid,  made  on  the  said  last  day  of  registration, 
and  any  other  appeal  or  appeals  which  for  any  cause  he  may 
have  continued  from  a  preceding  sitting,  and  shall  proceed  to 
hear  all  appeals  which  shall  have  been  filed  as  aforesaid,  and 
may  continue  the  hearing  of  any  such  appeal  or  appeals  from 
day  to  day  during  the  remainder  of  the  week,  and  shall  sit  again 
on  the  Tuesday  next  following,  for  the  purpose  aforesaid,  to  hear 
and  determine  such  appeals  as  shall  not  have  been  acted  upon 
the  previous  week,  and  also  such  as  may  be  presented  and  filed 
on  said  last  mentioned  day,  and  may  continue  the  hearing  of 
any  appeal  or  appeals  then  unheard  from  day  to  day  during 
the  remainder  of  the  week,  and  until  the  close  of  the  day  next 
preceding  the  day  of  the  election ;  provided  that  appeals  from 
the  decision  of  the  Registration  officers  made  on  the  first,  sec- 
ond, third  or  fourth  registration  days  shall  not  be  received  on 
the  third  or  fourth  appeal  days,  unless  the  appellant  shall  make 
oath  before  the  said  resident  Associate  Judge  that  the  delay  in 
presenting  his  said  appeal  was  not  for  the  purpose  of  hindering 
or  delaying  the  said  resident  Associate  Judge  or  the  officer  of 
registration  in  his  election  district  in  the  discharge  of  the  du- 
ties imposed  upon  them  lespectively  under  the  provisions  of 
this  Chapter. 

No  appeal  shall  be  received  and  acted  upon  by  the  resident 
Associate  Judge  unless  the  appellant  shall,  at  the  time  of  pre- 
senting his  appeal  make  an  affidavit,  that  notice  of  his  intention 


27 

to  present  his  appeal  on  this  day  was  served  upon  the  Registrar 
of  his  election  district;  any  person  applying  to  the  said  resi- 
dent Associate  Judge  to  have  any  name  appearing  on  the  regis- 
ter and  books  of  registered  voters  in  his  election  district  in  any 
manner  incorrect  to  be  corrected  shall  notify  the  Registrar  of 
the  election  district  on  whose  books  such  name  is  incorrectly 
entered  of  his  intention  to  make  application  for  the  correction 
thereof,  so  that  the  said  Registrar  shall  and  may  be  present 
with  his  register  and  books  of  registered  voters  to  make  such 
corrections  therein  as  the  said  resident  Associate  Judge  shall 
order  and  direct ;  provided,  that  no  correction  shall  be  ordered 
to  be  made  by  the  said  resident  Associate  Judge  unless  he  shall 
be  satisfied  by  the  oath  of  the  applicant  or  otherwise  that  no- 
tice of  the  intended  application  for  correction  shall  have  been 
given  to  or  served  upon  the  Registrar  of  the  appellant's  elec- 
tion district  of  his  intention  to  make  application.  All  notices 
required  to  be  given  or  served  by  the  provisions  of  this  section 
upon  any  Registrar  shall  be  so  given  or  served  personally  at 
least  three  days  before  the  application  is  made  or  by  leaving, 
in  the  presence  of  an  adult  male  person,  a  written  copy  of  such 
notice  at  the  usual  place  of  adobe  of  such  Registrar,  at  least 
three  days  before  the  application  shall  be  made,  and  no  appli- 
cation for  correction  or  for  hearing  of  an  appeal  shall  be  heard 
upon  any  day  which  is  set  apart  by  this  Chapter  as  a  clay  for 
the  registration  of  voters. 

Upon  the  decision  of  the  respective  resident  Associate 
Judges  on  each  and  every  appeal,  said  Judge  making  the  deci- 
sion shall  order  and  direct  the  Registrar  of  the  election  dis- 
trict from  the  decision  of  whose  Registration  officers  the  ap- 
peal shall  have  been  taken,  and  who  shall  be  present  with  his 
"Registers"  and  "Books  of  Registered  Voters"  as  hereinafter 
provided,  to  make  such  entries  in  his  "Registers"  and  "Books 
of  Registered  Voters,"  as  such  Registrar  is  authorized,  by  the 
provisions  of  Section  4  of  Article  V  of  the  Constitution  of  this 
State  and  by  the  provisions  of  this  Chapter  to  order  and  direct 
to  be  made  and  as  are  required  by  law  to  be  made,  in  said 
"Registers"  and  "Books  of  Registered  Voters"  by  the  Regis- 
tration officers  in  case  where  a  person  is  entitled  to  be  regis- 
tered as  a  Registered  Voter  or  as  any  one  who  is  disqualified. 

All  duties  which  are  imposed  upon  the  resident  Associate 
Judge  of  the  County  by  the  provisions  of  this  Chapter  and  es- 
pecially of  this  Section,  shall  be  imposed  upon  and  required  to 
be  performed  by  such  Judge  of  the  Supreme  Court  as  shall  at 


28 

any  time  be  sitting  in  any  of  the  Counties  of  this  State  for  the 
purpose  of  hearing  appeals  under  this  Chapter,  in  lieu  of  the 
resident  Associate  Judge  of  the  County,  when  he  shall  be  un- 
able to  sit  either  from  disability  or  absence  from  the  County. 

1637.  Sec.  19.    Registrar,  Custodian  of  Books ;  Attendance  at 
Hearing  of  Appeals,  and  for  Corrections ;  to  Have  Books  Pres- 
ent and  Make  Entries  as  Ordered  by  Judge : — In  order  that  the 
Registrar  in  each  and  every  election  district  in  this  State  may 
be  enabled  to  perform  the  duties  especially  required  of  him  by 
this  Chapter,  he  shall  retain  and  keep  possession  of  and  be  re- 
sponsible for  the  " Registers"  and  "Books  of  Registered  Vot- 
ers" of  his  election  district  at  all  times  excepting  when  being 
used  by  the  Registration  Officer  of  his  election  district  for  the 
purpose  of  registration ;  and  it  shall  be  his  duty  to  attend  and 
be  present  at  all  hearings  of  which  he  had  notice  before  the 
resident  Associate  Judge  of  the  County  or  such  Judge  of  the 
Supreme  Court  as  may  be  sitting  for  that  purpose,  of  appeals 
which  shall  have  been  taken  from  the  decision  of  the  Registra- 
tion officers  of  his  election  district,  and  also  upon  the  hearing 
for  the  correction  of  any  name  or  names  on  his  "Registers" 
or  "Book  of  Registered  Voters"  improperly  omitted  or  im- 
properly appearing  or  in  any  manner  incoirect  thereon,  and  to 
have  with  him  the  said  "Registers"  and  "Book  of  Registered 
Voters"  and  to  make  such  entries  in  said  books  respectively 
as  said  resident  Associate   Judge    or   Judge    of   the    Supreme 
Court  for  the  purpose  of  hearing  such  appeals  and  making  such 
corrections,  may  order  and  direct. 

1638.  Sec.  20.    Alternate  Registrars;  Powers;  Duties;  Books 
and  Appeal  Notices  to  be  Delivered  to,  When:— All  the  powers 
and  duties  conferred  or  enjoined  upon  Registrars  by  any  of 
the  provisions  of  this  Chapter,  are  expressly  made  the  powers 
and  duties  of  all  Alternate  Registrars  in  the  absence  of  the 
Registrar  from  his  election  district,  or  his  disability  to  perform 
the  duties  imposed  upon  such  Registrar  by  any  of  the  provi- 
sions of  this  Chapter,  and  in  order  to  enable    the    Alternate 
Registrar  to  perform  the  duties  in  this  Section  imposed  upon 
him,  it  shall  be  the  duty  of  the  Registiar  to  deliver  or  cause  to 
be  delivered  to  the  Alternate  Registrar,  the  Register  and  Book 
of  Registered  Voters  in  the  custody  or  possession  of  such  Reg- 
istrar, and  all  notices  of  appeal  which  shall  have  been  served 
upon  him,  whenever  it  shall  be  the  duty  of  the  Alternate  Reg- 
istrar to  act  in  the  place  and  stead  of  such  Registrars  as  pro- 
vided in  this  Section. 


29 

1639.  Sec.  21.    Registrar  to  Deliver  Books  to  Inspector,  &c., 
When;  Certain  Books  and  Papers  Retained;  Open  for  Inspec- 
tion; Copies  May  Be  Made;  After  General  Election,  Duplicate 
Books  Delivered  to  Clerk  of  the  Peace: — It  shall  be  the  duty 
of  the  Registrar  in  the  respective  election  districts  of  this  State, 
on  the  morning  of  the  day  of  the  general  election  and  one  hour 
before  the  opening  of  the  polls  for  said  election,  to  deliver  to 
the  inspector,  or  other  person  authorized  to  hold  said  election 
in  his,  the  said  Registrar's  election  district,  one  of  said  "Reg- 
isters" and  one  of  said  "Books  of  Registered  Voters"  in  his 
possession,  certified  to  as  hereinbefore  provided.    The  other  of 
said  "Registers,"  together  with  the  other  of  said  "Books  of 
Registered  Voters"  and  all  other  papers  or  documents  relating 
to  the  registration  of  voters,  he  shall  retain  in  his  possession 
and  safely  keep ;  but  the  same  shall  at  all  proper  times  be  open 
to  the  inspection  of  anyone  desiring  to  examine  the  same,  with- 
out fee  or  reward;  and  anyone  desiring  to  do  so  may  be  per- 
mitted to  make  copies  or  partial  copies  of   any   of   said   lists, 
books,  documents  or  papers. 

Within  one  week  after  the  following  general  election  he 
shall  deliver  the  said  duplicates  in  his  possession  to  the  Clerk 
of  the  Peace  of  the  County  in  which  he  resides,  who  shall  safe- 
ly keep  the  same,  in  his  office,  and  the  same  shall  be  open  to 
public  inspection  at  all  convenient  times  as  other  public  records 
in  the  office  of  said  Clerk  of  the  Peace. 

1640.  Sec.  22.    Registrars'    Powers   to   Preserve   Order;    to 
Compel  Attendance  of  Witnesses;    to  Administer  Oaths;    to 
Commit  Offenders  for  Trial;  Process  to  be  Issued  to  Sheriff  or 
Constable;  Service  of;  Fees  of  Officer  Acting;  No  Extra  Com- 
pensation to  Registrar  for  Services  Under  This  Section : — Each 
of  the  Registrars  shall  in  addition  to  the  other  powers  con- 
ferred upon  him  by  this  Chapter  have,  during  the  respective 
times  of  the  appointed  sittings  for  registration,  the  powers  of  a 
Justice  of  the  Peace  to  preserve  order  and  enforce  obedience 
to  his  lawful  commands  at  or  around  the  place  of  registration ; 
to  keep  access  to  such  place  open  and  unobstructed;  to  pre- 
vent and  suppress  riots,  tumults,    violence    and  disorder  at, 
around    or  near  the  place  of  registration,  tending  to  intimida- 
tion, or  to  the  obstruction  of  the  work  of  registration, .and  to 
protect  and  keep  safe  the  registers  or  books  for  the  registration 
of  voters,  while  in  his  and  the  Assistant  Registrar's  custody 
and  possession.    He  may  compel  the  presence  of  witnesses  be- 
fore them  while  sitting  with  the  Assistant  Registrars  as  Reg- 


30 

istration  officers,  for  all  purposes  connected  with  the  perform- 
ance of  the  duties  of  their  office,  by  summons  and  attachment, 
and  shall  have  power  to  administer  oaths  or  affirmations.  He 
may,  while  sitting  as  such  officer  of  registration,  commit  for 
trial  any  person  commit  ttiiig  at,  or  around  the  place  of  regis- 
tration, a  breach  of  the  peace,  or  any  offense  forbidden  by  this 
Chapter.  He  shall  have  the  power  to  issue  any  of  said  sum- 
mons, attachments  or  commitments,  when  sitting  in  any  elec- 
tion district  in  this  State  to  the  Sheriff  of  his  county  or  to  any 
Constable  thereof.  All  such  process  shall  be  served  by  said 
officers  in  the  same  manner  as  if  they  were  issued  by  a  Justice 
of  the  Peace  within  such  County. 

The  Sheriff  or  Constable  in  any  County  of  this  State,  who 
shall  serve  any  such  process,  shall  receive  the  same  fees  and  in 
like  manner  as  it  is  or  may  be  by  law;  provided  that  he  shall 
receive  fees  in  other  State  cases.  But  no  Eegistrar  shall  charge 
or  receive  any  compensation  for  any  service  rendered  in  ac- 
cordance with  the  provisions  of  this  Section  in  addition  to  the 
compensation  or  salary  provided  for  in  this  Chapter. 

1641.  Sec.  23.  Compensation;  Registrar;  Assistant  Regis- 
trar; Alternate  Registrar;  Ascertainment  and  Certification; 
By  Whom  Paid;  Cost  of  Printing,  Posting,  Notices,  Ink  and 
Stationery  Paid  by  Levy  Court: — Each  Registrar  shall  receive 
five  dollars  per  day  for  each  day  of  actual  service,  either  when 
sitting  for  the  purpose  of  registration  or  in  attendance  upon 
the  hearing  of  appeals  before  the  resident  Associate  Judge  of 
the  county,  or  such  Judge  of  the  Supreme  Court  as  may  sit  for 
hearing  such  appeals. 

Each  Assistant  Registrar  shall  receive  five  dollars  per  day 
for  each  day  of  actual  service,  when  sitting  for  the  purpose  of 
registration. 

Each  Alternate  Registrar  shall  receive  five  dollars  per  day 
for  each  day  of  actual  service,  when  sitting  in  the  place  of  the 
Registrar  for  registration,  or  in  attendance  upon  the  hearing 
of  appeals  before  the  Resident  Associate  Judge  of  the  County 
or  such  Judge  of  the  Supreme  Court  as  may  sit  for  hearing 
such  appeals. 

It  shall  be  the  duty  of  the  Levy  Court  in  each  of  the  Coun- 
ties in  this  State,  at  its  November  session,  to  ascertain  the 
amount  of  compensation  under  this  Chapter  due  the  Regis- 
trars, Alternate  Registrars  and  Assistant  Registrars  in  their 


31 

respective  Counties ;  and  when  so  ascertained,  the  President  of 
the  said  Levy  Court  shall  certify  the  same  to  the  State  Treas- 
urer, who  shall  thereupon  pay  to  the  persons  entitled  the  sums 
severally  due  them  out  of  any  money  appropriated  for  that 
purpose. 

Provided,  however,  that  it  shall  be  the  duty  of  the  De- 
partment of  Elections  for  the  City  of  Wilmington  during  the 
month  of  November  to  ascertain  the  amount  of  compensation 
under  this  chapter  due  the  Registrars,  Alternate  Registrars 
and  Assistant  Registrars  in  the  City  of  "Wilmington ;  and  when 
so  ascertained  the  President  of  the  said  Department  of  Elec- 
tions for  the  City  of  Wilmington  shall  certify  the  same  to  the 
State  Treasurer  who  shall  thereupon  pay  to  the  Department  of 
Elections  for  the  City  of  Wilmington  the  amount  of  compen- 
sation due  the  Registrars,  Alternate  Registrars  and  Assistant 
Registrars  in  the  City  of  Wilmington,  so  certified  as  aforesaid, 
and  the  said  Department  of  Elections  shall  thereupon  pay  to 
the  persons  entitled  the  sums  severally  due  them  out  of  the 
money  so  received  from  the  State  Treasurer. 

The  cost  of  printing  and  mailing  the  notices  required  by 
this  Chapter  and  the  rent  of  the  room  or  rooms  used  by  the 
said  registration  officers  in  the  performance  of  the  duties  re- 
quired by  this  Chapter,  the  cost  of  printing  any  forms  or 
blanks  that  may  be  required,  and  the  cost  of  the  necessary  ink 
and  stationery  used  by  them  provided  for  by  this  Chapter, 
shall  be  paid  by  the  Levy  Court  of  the  respective  counties  upon 
proper  vouchers. 

1642.  Sec.  24.     Spirituous   Liquors   in   Registration   Places; 
Misdemeanor;  Penalty: — Whoever,  during  the  sitting  of  the 
Registration  officers  in  any  election  district  in  this  State,  shall 
bring,  take,  order  or  send  into,  or  shall  attempt  to  bring,  take, 
or  send  into  any  place  of  registration,  any  distilled  or  spiritu- 
ous liquors  whatever,  or  shall,  at  any  such  time  or  place,  drink 
or  partake  of  any  such  liquor,  shall  be  deemed  and  held  to  be 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  imprison- 
ment in  the  county  jail  for  not  more  than  ninety  days,  or  by  a 
fine  of  not  more  than  one  hundred  dollars,  or  both. 

1643.  Sec.  25.    Fraudulent  Entries  or  Alterations  in  Registra- 
tion Books;  Misdemeanor;  Penalty: — If  any  Registrar,  Alter- 
nate Registrar,  or  Assistant  Registrar,  shall  fraudulently  enter 
or  fraudulently  permit  to  be  entered,  in  any  register,  the  name 
of  any  person  as  a  registered  voter,  who  is  not  entitled  to  be 


32 

entered  therein  as  a  registered  voter,  or  if  any  Registrar,  Al- 
ternate Registrar,  or  Assistant  Registrar,  shall  fraudulently 
refuse  or  omit  to  register,  or  shall  fraudulently  misspell  in  any 
register  or  in  any  book  of  registered  voters  in  his  charge,  the 
name  of  any  person  entitled  under  the  provisions  of  this  Chap- 
ter to  have  his  name  entered  in  such  register  or  book  of  regis- 
tered voters,  or  if  any  Registrar,  Alternate  Registrar,  or  As- 
sistant Registrar,  shall  fraudulently  strike  from  any  register 
or  from  either  of  said  books  of  registered  voters  in  his  charge 
the  name  of  any  person  entered  therein;  or  if  any  Registrar, 
Alternate  Registrar  or  Assistant  Registrar,  shall  make  any 
entry  or  entries  in  the  said  Register,  or  books  of  registered 
voters,  except  at  the  time  and  in  the  manner  hereinbefore  pro- 
vided, or  if  any  Registrar,  Alternate  Registrar  or  Assistant 
Registrar,  shall  do  anything  which  is  by  this  Chapter  forbidden 
by  him  to  do,  or  shall  omit  to  do  anything  which  is  by  this 
Chapter  required  to  be  by  him  done,  he  shall  be  deemed  to  have 
knowingly  and  wilfully  violated  his  official  duty.  If  any  other 
person,  not  authorized  by  the  proper  registration  officers,  shall 
enter  in  any  Register  or  Book  of  Registered  Voters  the  name 
of  any  person  as  a  registered  voter,  or  shall  strike  from  said 
Books  the  name  of  any  person  entered  therein,  he  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
by  indictment  shall  be  fined  not  exceeding  five  hundred  dol- 
lars, or  be  imprisoned  not  exceeding  three  years,  or  may  be 
both  fined  and  imprisoned,  at  the  discretion  of  the  Court. 

1644.  Sec.  26.  Wrongful  Registration;  Assault;  Riot,  Breach 
of  the  Peace;  Misdemeanors;  Penalties: — If  any  person  shall 
cause  or  attempt  to  cause  himself  to  be  registered  in  the  name 
of  any  other  person  living  or  dead,  or  under  any  fictitious  name, 
or  shall  cause  or  attempt  to  cause  himself  to  be  registered  in 
any  election  district  in  this  State,  knowing  that  he  has  not  the 
right  to  be  registered ;  or  if  any  person,  knowing  himself  to  be 
registered  in  any  election  district  in  this  State  shall  cause  or 
attempt  to  cause  himself  to  be  registered  in  any  other  election 
district  in  this  State  without  having  first  caused  his  name  to 
be  stricken  from  the  Register  and  Books  of  Registered  Voters 
in  which  he  may  have  been  previously  entered ;  or  if  any  per- 
son, knowing  himself  to  be  disqualified  as  a  voter  at  the  next 
following  general  election  shall  cause  or  attempt  to  cause  him- 
self to  be  entered  on  the  Registers  in  any  election  district  in 
this  State  as  a  registered  voter  therein,  knowing  that  he  is  not 
at  that  time  a  qualified  voter  and  will  not  become  so  by  the 
next  following  general  election,  or  shall  unlawfully  interfere 


33 

with  any  Registrar,  Alternate  Registrar,  or  Assistant  Regis- 
trar, in  the  discharge  of  his  duties  under  this  Chapter;  or  if 
any  person  shall  make  any  assault  or  commit  any  assault  and 
battery,  or  incite  or  create  any  riot  or  breach  of  the  peace  at  or 
near  to  any  place  of  registration  in  this  State,  during  the  sit- 
ting of  any  registration  officers,  he  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  by  indictment  shall 
be  fined  not  exceeding  five  hundred  dollars,  or  be  imprisoned 
not  exceeding  three  years,  or  may  be  both  fined  and  imprisoned 
at  the  discretion  of  the  Court. 

1645.  Sec.  27.    Registration  Books;  Loss;  Destruction;  Mutil- 
ation; Secreting;  Making  False  Entries  in;  Erasures  in;  False 
Copies  of;  Misdemeanors;  Penalties: — If  any  Registrar,  Alter- 
nate Registrar  or  Assistant  Registrar,  Inspector  or  Judge  of 
Election  shall  lose  any  register  or  book  of  registered  voters 
which  may  be  in  his  charge  or  custody,  or  if  any  such  officers 
shall  wilfully  destroy,  mutilate,  deface,  falsify  or  fraudulently 
remove  or  secrete  any  register  or  books  of  registered  voters, 
or  shall  knowingly  make  any  false  entry  in  or  false  copy  of 
any  register  or  part  of  any  register,  or  fraudulently  make  any 
entry,  erasure  or  alteration  in  any  alphabetical  list  of  register- 
ed voters,  as  contained  in  any  book  of  registered  voters,  he 
shall  be  deemed  to  have  knowingly  and  wilfully  violated  his 
official  duty.    Whoever,  other  than  such  officers,  shall  wilfully 
destroy,  mutilate,  deface,  falsify  or  fraudulently  remove  or  se- 
crete any  register  or  books  of  registered  voters,  or  shall  know- 
ingly make  any  false  entry  in  or  false  copy  of  any  register  or 
part  of  any  register,  or  fraudulently  make  any  entry,  erasure 
or  alteration  in  any  alphabetical  list  of  registered  voters,  as 
contained  in  any  book  of  registered  voters,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  by  in- 
dictment  shall  be  fined  not  exceeding  five  hundred  dollars  or 
be  imprisoned  not  exceeding  three  years,  or  may  be  both  fined 
and  imprisoned  at  the  discretion  of  the  Court. 

1646.  Sec.  28.    Posted  Lists;  Mutilation;  Defacement;  Pull- 
ing Down ;  Destroying ;  Misdemeanors ;  Penalties : — Whosoever 
shall  mutilate,  deface,  pull  down  or  destroy  at  any  time  before 
the  last  sitting  of  the  Registration  officers  any  printed  copy  of 
the  alphabetical  list  of  registered  voters,  when  the  said  lists 
are  hung  up  as  provided  in  Section  11,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  by  indictment, 
shall  be  fined  not  exceeding  one  hundred  dollars  or  be  impris- 
oned not  exceeding  one  year,  or  may  be  both  fined  and  im- 


34 

prisoned  at  the  discretion  of  the  Court. 

1647.  Sec.  29.  Special  Elections;  Registration  for;  Entries 
How  and  When  Made;  Books  Procured  from  Clerk  of  the 
Peace;  Duty  to  Deliver  Books;  Books  Delivered  to  Inspector 
Holding  Special  Election,  and  to  Clerk  of  the  Peace: — In  any 

case  of  a  special  election  held  in  this  State,  other  than  a  special 
election  to  fill  a  vacancy  occurring  or  existing  in  either  House 
of  the  General  Assembly  while  it  is  in  session  or  within  twenty 
days  prior  to  the  convening  of  said  General  Assembly 
in  regular  or  special  session,  it  shall  be  the  duty  of  the  Regis- 
tration officers  of  the  respective  election  districts  in  this  State, 
hereinbefore  provided  for,  to  sit  on  the  third  and  fourth  Satur- 
days immediately  preceding  the  day  of  such  special  election, 
from  eight  o  'clock  A.  M.  until  seven  P.  M.,  with  an  intermission 
from  twelve  to  one,  at  the  place  where  the  following  special 
election  will  be  held,  or  at  some  convenient  and  suitable  place 
in  the  town  or  village  in  which  such  election  will  be  held,  and  at 
such  sittings  to  add  to  the  registers  and  books  of  registered 
voters  aforesaid  of  their  respective  election  districts  the  names 
of  all  persons  applying  to  them  who  may  have  become  qualified 
to  vote  since  the  day  of  the  last  general  election,  or  who  may 
become  qualified  to  vote  by  the  day  of  such  special  election. 

It  shall  be  the  duty  of  such  Registration  officers  in  adding 
any  new  names  to  make  the  same  entries  in  the  registers  and 
books  of  registered  voters  aforesaid,  as  they  are  hereinbefore 
required  to  make  when  sitting  as  Registration  officers  before 
any  general  election. 

The  said  Registration  officers,  within  one  week  before  their 
first  sitting  as  provided  for  in  this  Section,  shall  procure  from 
the  Clerks  of  the  Peace  of  their  respective  Counties  the  two 
registers,  and  the  two  books  of  registered  voters,  which  shall 
have  been  delivered  to  the  Clerks  of  the  Peace  as  hereinbefore 
provided. 

It  shall  be  the  duty  of  the  Clerks  of  the  Peace  in  the  sev- 
eral Counties  to  deliver  said  books  to  the  said  Registration  of- 
ficeis  when  the  same  shall  be  applied  for  as  aforesaid. 

In  delivering  one  of  the  " Registers"  and  one  of  the  " Books 
of  Registered  Voters"  to  the  Inspector  or  other  person  author- 
ized by  law  to  hold  the  special  election  in  his  election  district, 
as  hereinbefore  provided,  it  shall  be  the  duty  of  the  said  Reg- 
istrar to  deliver  the  register  and  the  book  of  registered  voters, 


35 

which  was  not  used  at  the  previous  general  election;  and  the 
other  of  said  registers  and  the  other  of  said  books  of  registered 
voters  shall  be  delivered  by  the  several  Registrars  to  the  Clerks 
of  the  Peace  of  their  respective  counties  within  one  week  after 
such  special  election. 

1648.  Sec.  30.    Domicile  of  Persons  in  Army  or  Navy  Not 
Lost: — Every  person  enlisted  or  engaged  in  any  military  or 
naval  organization  of  this  State  or  the  United  States  and  who 
prior  to  enlistment  was  a  resident  of  any  Hundred  or  Election 
District  of  this  State,  shall  not  lose  his  domicile  in  such  Hun- 
dred or  Election  District  by  reason  of  such  enlistment. 

1649.  Sec.  31.    Registration  of  Citizens  in  Miltary  or  Naval 
Service : — Every  male  citizen  of  this  State  of  the  age  of  twenty- 
one  years  and  upwards,  and  who  is  or  shall  hereafter  be  enlist- 
ed or  engaged  in  any  military  or  naval  organization  of  this 
State  or  the  United  States  shall  be  entitled  to  have  his  name 
registered  as  a  voter  in  the  Hundred  or   Election   District  in 
which  he  resided,  prior  to  his  enlistment,  in  the  same  right  as 
he  would  have  done  had  .he  remained  continuously  present  in 
such  Hundred  or  Election  District  during  the  period  of  his 
enlistment. 

1650.  Sec.  32.    Auxiliary  Registrars;  Appointment;  Qualify- 
ing ;  Duties : — The  Governor  of  this  State  shall  designate  and 
appoint  at  the  same  time  of  appointing  other  registration  of- 
ficers of  this  State,  some  qualified  citizen  of  the  State  as  Auxil- 
iary Registrar  of  Voters,  who  shall  qualify  as  other  Registrars 
are  required  to  do,  and  whose  duty  it  shall  be  to  visit,  some- 
time before  the  last  Saturday  in  September   in   any   year   in 
which  a  General  Election  is  held,  the  military  or  naval  encamp- 
ment of  this  State,  or  the  United  States,  wherein  the  citizens  of 
this  State  shall  be  enlisted  or  engaged  in  the  discharge  of  mil- 
itary duty,  for  the  purpose  of  registering,  as  hereinafter  pro- 
vided for,  such  citizens  as  voters  of  the  Hundred  or  Election 
District  in  which  they  are  entitled  to  be  registered  as  desig- 
nated in  Section  31  of  this  Chapter. 

1651.  Sec.  33.    Application  for  Registration  Deemed  a  Per- 
sonal Application  Within  Section  4,  Article  V.  of  Constitution : 

—Upon  application  being  made  to  be  registered  as  a  voter  of 
any  Hundred  or  Election  District  of  this  State,  by  any  officer 
or  enlisted  man  of  any  military  organization,  before  any  Aux- 
iliary Registrar  of  Voters  as  provided  for  in  the  foregoing 
Section  of  this  Chapter,  such  application  shall  be  deemed  and 


36 

taken  to  be  a  personal  application  within  the  meaning  of  para- 
graph 3,  section  4,  of  Article  V.  of  the  Constitution. 

1652.  Sec.  34.    Notice  of  Time  of  Visiting  Camps : — The  Aux- 
iliary Kegistrar  herein  provided  for,  shall  notify  the  encamp- 
ment or  encampments  of  the  time  he  will  visit    them    for    the 
purpose  of  registering  voters,  and  he  shall  sit  for  registering 
during  such  hours  of  the  day  as. shall  be  arranged  to  suit  the 
convenience  of  such  military  organization. 

1653.  Sec.  35.    Record  of  Applicants ;  How  Kept : — The  Aux- 
iliary Kegistrar  shall  make  and  keep  a  complete    list    of   the 
names  of  all  those  applying  to  him  to  be  registered,  together 
with  their  qualifications  as  to  age,  birth,  nativity,  etc.,  in  the 
same  manner  and  detail  as  is  required  to  be  done  on  the  books 
of  registration  kept  by  the  Registrars  sitting  in  the  various 
Hundreds  or  Election  Districts  of  this  State. 

1654.  Sec.  36.    Separate  Lists  for  Each  Election  District:— 

The  Auxiliary  Registrar  shall  make  a  separate  and  distinct  list 
for  each  Hundred  or  Election  District  of  this  State  of  all  those 
applying  to  him  to  be  registered  in  such  Hundred  or  Election 
District. 

1655.  Sec.  37.    Return  of  Auxiliary  Registrar: — Immediately 
upon  the  completion  of  these  lists  of  registration  and  not  later 
than  the  third  Saturday  next  preceding  the  day  of  the  next 
General  Election,  the  Auxiliary  Registrar  shall  make  and  cer- 
tify under  oath,  and  forward  by  registered  mail  or  personal 
delivery,  to  the  Registrars  of  the  various  Hundreds  or  Election 
Districts  of  this  State,  the  names  and  qualifications  as  recorded 
by  him  of  all  those  who  applied  to  him  to  be  registered  in  such 
Hundreds  or  Election  Districts. 

1656.  Sec.  38.    Registrars  of  Election  Districts  to  Enter  on 
Registration  Books  the  Names  Returned  by  Auxiliary  Regis- 
trar; Challenge;  Registrar  to  Keep  List;  Subject  to  Inspection; 
Registrar  to  Make  List  of  Those  Registered  and  Not  Register- 
ed; Appeals: — The  Registrars  of  and  for  the  respective  Hun- 
dreds or  Election  Districts  of  this  State,  who  shall  receive  any 
such  list  from  any  Auxiliary  Registrar  as  herein  provided  for, 
shall  open  such  list  of  voters  during  the  first  hour  of  the  next 
succeeding  meeting  of  the  officers  of  registration  for  the  pur- 
pose of  registering.     Then  and  there  the  Registrar  shall  in  a 
clear  and  distinct  voice,  audible  to  those  in  the  room  and  as 
well  to  those  about  the  window,  where  voters  are  gathered  for 


37 

the  purpose  of  being  registered,  read  the  name  of  each  voter 
so  returned  by  the  Auxiliary  Eegistrar  for  registration.  Every 
name  shall  be  entered  upon  the  books  of  registration  kept  in 
and  for  such  Hundred  or  Election  District,  if  it  is  found  that 
the  person  represented  by  such  name  would  have  been  qualified 
to  have  appeared  there  in  person  and  been  registered.  But  any 
member  of  the  Board  of  Registration  or  any  qualified  voter  of 
the  Election  District  may  challenge  the  registering  of  the 
names  upon  the  book  of  registration,  for  the  Hundred  or  Elec- 
tion District ;  and  the  question  of  the  right  to  register  such 
name  shall  be  determined  by  the  registration  officers  just  as 
they  are  authorized  to  determine  like  questions  concerning 
those  who  present  themselves  before  them  there  in  the  Election 
District.  The  Registrar  shall  keep  complete  and  inviolate  the 
list  of  names  and  qualifications  just  as  he  received  them  from 
the  Auxiliary  Registrar,  but  such  list  shall  always  be  subject 
to  the  inspection  of  the  qualified  voters  of  the  Election  District, 
provided  it  shall  not  be  taken  from  the  possession  of  the  Reg- 
istrar. 

The  Registrar  of  the  Election  District  shall  also  make  and 
keep  for  the  inspection  of  the  voters  of  his  Election  District  a 
list  of  all  those  names  which  he  has  received  from  the  Auxiliary 
Registrar  and  which  have  been  granted  registration  on  the 
books  of  that  Hundred  or  Election  District,  and  he  shall  also 
keep  another  separate  list  of  all  the  names  so  received  by  him 
which  have  been  denied  registration  upOD  said  books,  and  those 
lists  shall  in  like  manner  be  at  all  times  subject  to  the  inspec- 
tion of  the  qualified  voters  of  that  Hundred  or  Election  Dis- 
trict. And  from  the  action  of  the  Registration  oflicers  in  so 
granting  or  refusing  registration  to  any  name  received  from 
the  Auxiliary  Registrar,  any  Registration  officer  or  interested 
person  may  appeal  as  provided  for  in  Section  4  of  Article  V. 
of  the  Constitution. 

1657.  Sec.  39.  Compensation  of  Auxiliary  Registrars;  How 
Paid: — The  Auxiliary  Registration  officer  provided  for  by  this 
Chapter  shall  receive  such  compensation  per  day  as  is  allowed 
to  Registrars  sitting  in  the  various  districts  of  this  State,  and 
he  shall  be  allowed  and  paid  by  the  State  Treasurer  such  an 
amount  for  traveling  expenses  as  shall  be  approved  by  the 
State  Auditor  upon  vouchers  presented  him. 


38 


CHAPTER  57. 

DEPARTMENT  OF  ELECTIONS  FOR  THE  CITY  OF 
WILMINGTON. 


Sec.     7. 


Sec.     8. 


Sec.     9. 


Sec.     1.     Constitution  of. 

Sec.  2.  Appointment;  qualifica- 
tions; terms  of  office; 
not  to  hold  or  be  can- 
didates for  office;  va- 
cancies ;  of  different 
political  faith ;  oath ; 
organization ;  officers ; 
quorum;  rules;  com- 
pensation ;  when  and 
how  paid. 

Sec.     3.     Office;  rental,  how  paid. 


Sec.  4.  Neglect  of  duty;  cor- 
rupt or  fraudulent  con- 
duct; misdemeanors; 
penalties.  Sec-  10- 


Sec.  5.  Notice  to  Attorney  Gen- 
eral of  violations  of 
Chapter. 


Sec.  11. 


Sec.  6.  Division  of  city  into  elec- 
tion districts ;  number 
of  voters  in  district; 
each  election  district  Sec.  12. 
within  one  representa- 
tive district;  designa- 
tions of  districts. 


Dismissal  of  registrars; 
filling  vacancies; clerk; 
counsel,  &c. ;  limit  of 
expense;  how  paid. 

Appointment  of  regis- 
trars; removal;  vacan- 
cies. 

Registration  officers ; 
appointment ;  when; 
qualifications ;  division 
between  parties;  polit- 
ical committees  to  fur- 
nish lists;  in  default  of 
lists,  department  may 
appoint;  terms  of  of- 
fice. 

Alternate  Registrar ; 
qualification;  term  of 
office;  when  to  act; 
powers  and  duties. 

Alternate;  when  not  to 
act;  removal  from  dis- 
trict of  registration  of- 
ficers; office  vacant. 

Vacancies  in  registra- 
tion offices;  how  filled; 
term  of  appointees ; 
qualifications ;  powers ; 


39 


oath  of  registration  of- 
ficers. 


furnished,  &c.; 
excluded. 


places 


Sec.  13.  Officers  becoming  candi- 
dates; office  vacant; 
how  filled;  officers  in- 
eligible to  be  voted  for. 


Sec.  16.  Necessary  conveniences, 
supplies,  &c.;  depart- 
ment to  have  custody 
of  and  furnish. 


Sec.  14.  Time  of  registration  of- 
ficers to  take  oath; 
oath  of  appointees  to 
fill  vacancies;  refusal 
to  qualify  or  perform 
services;  penalty;  cer- 
tificate of  appointment; 
removal  of  registration 
officers;  notice;  when; 
term  of  office  of  ap- 
pointee ;  registration 
officers  free  from  mili- 
tary and  jury  duty; 
persons  exempt  from 
jury  duty  ineligible  for 
registration  officers. 

Sec.  15.  Places  of  registry  and 
election ;  designated ; 


Sec.  17.  Record  of  deaths;  made 
and  supplied  to  Regis- 
trars; duty  of  Regis- 
trars in  relation  there- 
to. 

Sec.  18.  Compensation  of  elec- 
tion officers  and  other 
expenses;  how  paid. 

Sec.  19.  Department  of  Engin- 
eering and  surveying 
in  Wilmington  to  fur- 
nish maps. 

Sec.  20.  Change  of  name  or 
numbers  of  streets  reg- 
ulated. 


1658.  Sec.  1  Constitution  of: — For  the  objects  and  purposes 
hereinafter  set  forth  the  Governor  of  the  State  of  Delaware 
shall,  in  the  manner  and  at  the  times  and  for  the  terms  set 
forth  in  Section  2  of  this  Chapter,  appoint  five  persons  of  the 
City  of  Wilmington,  who  shall  constitute  a  Department  of 
Elections  for  the  said  City  of  Wilmington,  and  with  the  powers 
and  duties  prescribed  in  the  Sections  following. 


1659.  Sec.  2.  Appointment;  Qualifications;  Terms  of  Office; 
Not  to  Hold  or  be  Candidates  for  Office ;  Vacancies ;  of  Different 
Political  Faith ;  Oath ;  Organization ;  Officers ;  Quorum ;  Rules ; 
Compensation;  When  and  How  Paid: — Commencing  with  the 
month  of  August  in  the  years  1909,  1911  and  1913,  and  on  or 
before  the  tenth  day  thereof,  and  with  the  month  of  April  in 
the  years  1909  and  1913,  and  before  the  first  day  thereof,  and 


40 

every  sixth  year  thereafter,  the  Governor  shall  appoint  one 
member  of  said  Department  of  Elections  for  the  City  of  Wil- 
mington, for  a  term  of  six  years.  No  person  shall  be  eligible 
to  appointment  as  a  member  of  said  Department  of  Elections 
who  is  not  a  citizen  of  the  United  States  of  America  and  a  res- 
ident in  the  said  City  for  which  he  is  appointed,  and  who  has 
not  resided  therein  for  a  term  of  five  years  next  preceding  his 
appointment.  No  member  of  said  Department  of  Elections 
shall  hold  or  be  a  candidate  for  any  elective  office  during  his 
membership  in  said  Department,  nor  until  the  expiration  of  six 
months  after  he  shall  have  ceased  to  be  a  member  of  said  De- 
partment. When  any  vacancy  occurs  in  said  Department  by 
or  from  any  cause  whatsoever  the  Governor  aforesaid  shall  fill 
the  unexpired  term  by  appointment,  but  at  no  time  shall  all  the 
members  of  said  Department  be  of  the  same  political  faith  and 
opinion.  Each  of  said  members  shall,  before  entering  upon  his 
duties  and  within  one  month  from  the  time  of  his  appointment, 
take  and  subscribe  and  file  in  the  office  of  the  Clerk  of  the 
Peace  of  New  Castle  County  the  oath  or  affirmation  prescribed 
by  the  Constitution.  Commencing  on  the  first  Tuesday  in 
April  1913,  and  biennially  thereafter,  the  members  of  said  De- 
partment of  Elections  shall  meet  and  organize  said  Department 
by  electing  one  of  their  number  to  be  the  President  of  the  De- 
partment, and  shall  also  elect  a  Clerk.  The  term  of  office  of 
the  President  shall  be  two  years  from  the  date  of  such  organ- 
ization. Three  members  shall  be  sufficient  for  the  purpose  of 
organization  and  shall  constitute  a  quorum  for  the  transaction 
of  business.  The  said  Department  shall  have  the  power  to  make 
rules  for  its  government  not  inconsistent  with  the  Constitution 
and  laws  of  the  State.  Each  member  of  the  Department  of 
Elections  shall  receive  as  compensation  for  his  services  in  any 
year  in  which  there  is  held  a  general  or  special  election  a  salary 
of  five  hundred  dollars.  The  legal  compensation  of  all  mem- 
bers of  the  Department  of  Election  shall  be  paid  quarterly,  on 
the  last  days  of  March,  June,  September  and  December,  by  the 
State  Treasurer  out  of  any  money  belonging  to  the  State  not 
otherwise  appropriated. 

1660.  Sec.  3.  Office;  Rental  How  Paid:— The  said  Depart- 
ment of  Elections  may  rent  some  suitable  and  convenient  place 
in  the  said  City,  and  fit  up  the  same  for  an  office  for  the  use  of 
the  said  Department  of  Elections  at  a  yearly  rental  not  to  ex- 
ceed three  hundred  dollars,  to  be  paid  upon  warrants  of  the 
President  of  the  Department  of  Elections  in  the  same  manner 
as  is  provided  for  the  payment  of  the  legal  compensation  of 


41 

members  of  said  Department  of  Elections. 

1661.  Sec.  4.    Neglect  of  Duty;  Corrupt  or  Fraudulent  Con- 
duct; Misdemeanors;  Penalties: — If  any  member  of  the  De- 
partment of  Elections,  of  whom  any  duty  is  required  in  this 
Chapter,  shall  be  guilty  of  any  wilful  neglect  of  such  duty,  or 
of  any  corrupt  or  fraudulent  conduct  or  practice  in  the  execu- 
tion of  the  same,  he  shall  on  conviction  thereof,  be  adjudged 
guilty  of  a  misdemeanor  and  shall  be  punished  by  imprison- 
ment in  the  County  jail  for  not  more  than  two  years,  or  by  a 
fine  of  not  more  than  two  hundred  dollars,  or  both. 

1662.  Sec.  5.    Notice  to  Attorney  General   of  Violations  of 
Chapter: — It  is  hereby  made  the  special  duty  of  the  Depart- 
ment of  Elections  to  notify  the  Attorney  General  of  all  viola- 
tions under  this  Chapter. 

1663.  Sec.  6.    Division  of  City  into  Election  Districts;  Num- 
ber of  Voters  in  District;  Each  Election  District  Within  One 
Representative  District;  Designations  of  Districts: — The  De- 
partment of  Elections  shall,  on  or  before  the  first  day  of  June, 
commencing  in  the  year  eighteen  hundred  and  ninety-eight, 
and  in  every  sixth  year  thereafter,  on  or  before  the  first  day  of 
June,  divide  the  city  into  as  many  election  districts  as  they 
shall  deem  necessary,  and  shall  establish  the  boundaries  there- 
of.   Each  election  district  shall  contain  as  near  as  may  be,  not 
more  than  three  hundred,  nor  less  than  one  hundred  qualified 
voters.    Each  of  said  Election  Districts  shall  be  entirely  within 
the  boundaries  of  one  representative  district.     On  or  before 
the  first  day  of  June,  commencing  in  the  year  nineteen  hun- 
dred, and  biennially  thereafter,  said  Department  of  Elections 
may  divide  such  of  the  election  districts,  and  such  only  as,  by 
the  election  last  preceding  such  division,  shall  be  found  to  con- 
tain a  greater  number  of  voters  than  can  conveniently  vote 
therein.     They  shall  also  designate  each  of  said  election  dis- 
tricts by  appropriate  titles  or  distinctions. 

1664.  Sec.  7.    Dismissal  of  Registrars;    Filling;    Vacancies; 
Clerk ;  Counsel  &c ;  Limit  of  Expense  ?  How  Paid : — They  shall 
have  power  to  dismiss  any  Registrar  at  any  time  and  supply 
his  place  with  another  person.    They  may  also  employ  a  clerk, 
counsel    and  such  other  assistance  as,  in  the  judgment  of  the 
members  of  said  Department  of  Elections,  shall  be  necessary 
and  proper  for  the  faithful  performance  by  it  of  the  duties  by 
this  Chapter  imposed;  Provided  the  expense  thereof  shall  not 
exceed  fifteen  hundred  dollars  in  any  one  year  in  which  the 


42 

General  Election  is  held,  which  said  sum  shall  not  include  the 
compensation  of  members  of  the  Department  of  Elections  and 
Registrars,  to  be  paid  upon  warrants  of  the  president  of  the 
Department  of  Elections  in  the  same  manner  as  is  provided  for 
the  payment  of  the  legal  compensation  of  members  of  said  De- 
partment of  Elections. 

1665.  Sec.  8.    Appointment  of  Registrars;  Removal;  Vacan- 
cies:— They  shall  hereafter  appoint  all  Registrars  in  the  City 
of  Wilmington,  and  shall  make  all  necessary  removals  of  reg- 
istration officers,  and  fill  all  vacancies  which  from  any  cause 
occur. 

1666.  Sec.    9.    Registration   Officers;    Appointment;    When; 
Qualifications ;  Division  Between  Parties ;  Political  Committees 
to  Furnish  Lists;  in  Default  of  Such  Lists,  Department  May 
Appoint;  Terms  of  Office: — They  shall  in  the  month  of  June, 
in  each  year  in  which  a  general  election  is  held,  appoint  for 
each  Election  District  in  the  City  of  Wilmington  three  capable 
persons,  who  shall  be  voters  and  residents  in  the  Election  Dis- 
trict, for  which  they  shall  be  appointeed,  who  shall  be  the  reg- 
istration officers  of  the  Election  District  for  which  they  are  ap- 
pointed; one  of  whom  shall  be  designated  as  ''Registrar,"  and 
the  other  two  ''Assistant  Registrars,"  and  not  more  than  two 
of  them  shall  be  of  the  same  political  faith ;  provided,  that  the 
total  number  of  registration  officers  in  each  representative  dis- 
trict shall  be  divided  as  equally  as  possibly  between  the  two 
leading  political  parties,  as  the  same  shall  be  determined  upon 
by  the  Department  of  Elections  at  the  time  of  making  the  ap- 
pointments.   And  further,  for  each  appointment  accredited  to 
any  political  party  under  this  section,  the  City  Executive  Com- 
mittee of  such  political  party  shall  furnish  the  Department  of 
Elections  on  or  before  the  first  day  of  June  of  the  year  in  which 
said  appointment  is  to  be  made,  a  list  of  three  names  of  proper- 
ly qualified  persons,  from  which  list  the  Department  of  Elec- 
tions shall  make  its  appointments.    If  the  said  lists  of  names 
are  not  furnished  as  aforesaid,  then  and  in  that  event  the  De- 
partment of  Elections  shall  appoint  some  suitable  person  or 
persons,  of  such  political  party  having  all  the  qualifications 
provided  by  this  section. 

The  terms  of  office  of  such  registration  officers  shall  begin 
on  the  first  Tuesday  in  July  next  after  their  appointment  and 
shall  continue  for  two  years  thereafter,  and  until  their  succes- 
sors shall  be  duly  chosen  and  qualified,  unless  sooner  removed 
as  provided  in  this  Chapter. 


43 

1667.  Sec.  10.    Alternate  Registrar;  Qualification;  Term  of 
Office;  When  to  Act;  Powers  and  Duties: — They  shall  also, 
when  appointing  Registration  officers  for  the  several  election 
districts  of  the  City  of  Wilmington,  at  the  same  time  appoint 
in  each  election  district  in  the  said  City  one  capable  person, 
who  shall  be  a  voter  and  resident  in  the  election  district  for 
which  he  shall  be  appointed,  to  be  ''Alternate  Registrar"  for 
the  said  election  district.    The  term  of  office  of  said  "Altern- 
nate  Registrar"  shall  be  the  same  as  that  of  the  Registrar; 
and  whenever  the  Registrar  provided  for  by  this  Chapter  shall 
be  incapable  from  any  cause  whatsoever    of   performing   the 
duties  required  of  him  by  the  laws  of  this  State,  the  Alternate 
Registrar  in  the  same  election  district  shall  act  in  his  stead,  and 
while  acting  shall  possess  all  the  powers  and  do  and  perform 
all  the  duties  of  a  Registrar. 

1668.  Sec.  11.    Alternate;  When  Not  to  Act;  Removal  From 
District  of  Registration  Officers ;  Office  Vacant : — Nothing  here- 
in contained  shall  authorize  or  empower  the  Alternate  Regis- 
trar to  act  at  any  time  when  there  is  a  Registrar  of  the  election 
district  able,  willing  and  present  to  act.     If  any  Registration, 
officer  or  Alternate  Registrar  shall  remove  from  the  election 
district  for  which  he  shall  be  appointed,  or  shall  cease  to  be  a 
voter  therein,  his  office  shall  thereupon  become  vacant. 

1669.  Sec.  12,    Vacancies  in  Registration  Offices ;  How  Filled ; 
Term  of  Appointees ;  Qualifications ;  Powers ;  Oath  of  Registra- 
tion Officers : — If  any  vacancy  or  vacancies  should  occur  in  the 
office  of  Registrar,  Assistant  Registrar  or  Alternate  Registrar, 
before  the  expiration  of  such  term,  from  any  cause  whatsoever, 
the  said  Department  of  Elections  shall  appoint  some  suitable 
person  or  persons  to  fill  such  vacancy  or  vacancies  who  shall 
serve  for  the  residue  of  such  unexpired  term  or  terms,  who 
shall  possess  the  same  qualifications  and  be  qualified  in  the 
same  manner,  possess  the  same  powers  and  perform  the  same 
duties  as  the  original  appointee  or  appointees.    Each  Registrar, 
Assistant  Registrar  and  Alternate  Registrar,  before  entering 
upon  the  duties  of  his  office,  shall  take  and  subscribe  before 
the  said  Department  of  Elections  the  following  oath  or  affirma- 
tion: 

"I," residing  in 

Election  District  of Representative 

District  in   County,  do  solemnly 

swear  (or  affirm)  that  I  will  support  the  Constitution  of  the 
United  States,  and  the  Constitution  of  the  State  of  Delaware, 


44 

and  that  I  will  faithfully  discharge  the  duties  of  the  office  of 
Registrar     (Assistant  Registrar  or  Alternate  Registrar)     for 

Election  District  in 

Representative  District  in  County, 

according  to  the  best  of  my  ability." 

Any  member  of  or  the  Clerk  of  said  Department  of  Election 
is  authorized  and  empowered  to  administer  such  oath  or  affir- 
mation; provided  that  no  fee  be  charged  for  administering 
such  oaths  or  affirmations. 

1670.  Sec.  13.     Officers  Becoming  Candidates;  Office  Vacant; 
How  Filled;  Officers  Ineligible  to  be  Voted  For: — Should  the 
said  Registrar,  Assistant  Registrars  or  either  of  them  or  Al- 
ternate Registrar,  after  taking  said  oath  and  before  entering 
upon  the  active  duties  of  the  said  office,  become  a  candidate 
for  any  office  to  be  voted  for  by  the  electors  of  the  election  dis- 
trict for  which  he  is  appointed  Registrar,  Assistant  Registrar 
or  Alternate  Registrar,  the  said  office  shall  ipso  facto  become 
vacant  and  be  filled  by  the  appointment  of  another  person  to 
the  same.    After  any  Registrar,  Assistant  Registrar,  or  Alter- 
nate Registrar  shall  have  entered  upon  the  active  duties  of  his 
office  he  shall  thereby  become  ineligible  to  any  office  to  be 
voted  for  at  the  next  ensuing  general  election. 

1671.  Sec.  14.    Time  of  Registration  Officers  to  Take  Oath; 
Oath  of  Appointees  to  Fill  Vacancies ;  Refusal  to  Qualify  or  to 
Perform  Services;  Penalty;  Certificate  of  Appointment;  Re- 
moval of  Registration  Officers;  Notice;  When;  Term  of  Office 
of  Appointee;  Registration  Officers  Free  From  Military  and 
Jury  Duty;  Persons  Exempt  From  Jury  Duty  Ineligible  For 
Hegistration  Officers: — Each  and  every  person  appointed  as 
aforesaid  to  act  as  Registrar,  Assistant  Registrar   or  Alternate 
Registrar  shall  qualify  as  such  Registrar,  Assistant  Registrar 
Or  Alternate  Registrar  by  taking  and  subscribing  the  oath  or 
affirmation  prescribed  in  the  preceding  section  within  ten  days 
after  being  notified  of  his  appointment,  and  shall  perform  the 
duties  of  the  office  for  the  time  for  which  he  was  appointed, 
unless  he  shall  become  disqualified  by  sickness  or  otherwise. 
Every  Registrar,  Assistant  Registrar  or  Alternate  Registrar, 
who  shall  be  appointed  to  fill  a  vacancy,  shall  qualify  forth- 
with.   If  any  Registrar,  Assistant  Registrar  or  Alternate  Reg- 
istrar, who  being  appointed  either  for  a  full  term  or  to  fill  a 
vacancy,  shall  refuse  to  qualify  as  aforesaid,  or  having  qual- 
ified, shall  fail  or  refuse  to  perform  any  of  the  duties  of  said 


45 

office,  he  shall  forfeit  and  pay  to  the  State  a  fine  of  one  hun- 
dred dollars,  upon  conviction  thereof  by  indictment  in  the 
Court  of  General  Sessions  of  the  County  where  such  offense 
was  committed. 

The  Department  of  Elections  shall  deliver  a  certificate  of 
appointment  to  whomsoever  it  shall  appoint  and  who  shall  be 
sworn  into  office  as  Registrar,  said  certificate  to  be  in  such 
form  as  shall  be  prescribed  by  such  Department  of  Elections, 
specifying  the  election  district  in  and  for  which  the  person  to 
whom  the  same  is  issued  is  appointed  to  serve,  and  the  date  of 
the  expiration  of  his  term  of  office.  The  Department  of  Elec- 
tions shall  have  full  power  and  authority  to  remove  any  of  the 
registration  officers  appointed  by  them  as  aforesaid  for  want 
of  requisite  qualifications  or  cause,  but  in  either  of  such  cases 
such  removal,  unless  made  while  the  Registrars  are  actually 
on  duty,  on  a  day  of  registration,  and  for  improper  conduct  as 
a  registration  officer,  shall  only  be  made  after  notice  in  writing 
to  the  officer  sought  to  be  removed,  which  notice  shall  set  forth 
clearly  and  distinctly  the  reasons  for  removal.  Any  person 
appointed  to  fill  any  vacancy  shall  serve  for  the  unexpired 
term  of  the  person  whose  office  he  is  appointed  to  fill. 

The  registration  officers  during  the  time  they  hold  such 
office  shall  be  exempt  from  the  performance  of  military  duty, 
and  when  in  the  actual  discharge  of  the  duties  of  their  office, 
from  jury  duty,  and  no  person  who  by  the  laws  of  the  State  is 
exempt  from  jury  duty  shall  be  required  to  serve  as  a  registra- 
tion officer. 

1672.  Sec.  15.    Places  of  Registry  and  Election;  Designated; 
Furnished  &c;  Places  Excluded: — The    said    Department    of 
Elections  shall  designate  and  appoint  a  place  of  registry  and 
polling  place  in  each  Election  District  in  the  City ;  at  the  places 
so  designated  all  elections  shall  be  held  and  the  work  of  regis- 
tration performed.     The  said  Department  shall  hire  all  such 
places  and  cause  the  same  to  be  fitted  up,  warmed,  lighted  and 
cleaned ;  such  place  shall  be  in  the  most  public,  orderly  and  con- 
venient portion  of  the  district;  no  building  or  part  of  a  build- 
ing shall  be  designated  or  used  as  a  place  of  registration  or 
polling  place  in  which,  or  in  any  part  of  which,  spirituous  or 
intoxicating  liquor  is  or  has  been  sold  within  sixty  days  next 
preceding  the  time  of  using  the  same. 

1673.  Sec.  16.    Necessary  Conveniences,  Supplies,  &c;  Depart- 
ment to  Have  Custody  of  and  Furnish: — Said  Department  of 


46 

Elections  shall  prepare  and  furnish  all  necessary  maps,  forms, 
oaths,  certificates,  blanks  and  instructions  for  the  use  of  reg- 
istration officers,  and  provide  for  the  furnishing  of  such  offic- 
ers therewith  and  with  all  necessary  supplies,  and  also  a  copy 
of  the  registration  and  election  laws.  Said  Department  shall 
have  and  retain  the  custody  of  all  books,  maps,  forms,  oaths  of 
office  and  of  removal,  blanks,  instructions,  and  all  other  rec- 
ords and  supplies  of  every  kind  or  description  pertaining  to 
said  Department. 

1674.  Sec.  17.  Record  of  Deaths ;  Made  and  Supplied  to  Reg- 
istrars ;  Duty  of  Registrars  in  Relation  Thereto : — Said  Depart- 
ment of  Elections  shall  from  time  to  time  and  at  all  times,  and 
at  least  once  in  each  and  every  year  in  which  an  election  is 
held,  have  full  power  and  authority  to  make  or  cause  to  be 
made  such  full,  complete  and  accurate  copies,  as  it  shall  deem 
necessary,  of  the  records  of  the  names,  residences,  age  and 
cause  of  death  of  each  male  person  who  shall  die  in  said  City 
of  Wilmington,  as  the  facts  in  respect  to  such  death  shall  be 
furnished  to  the  Registrar  of  Births,  Deaths  and  Marriages  for 
the  City,  and  shall  keep,  preserve  and  file  all  such  copies  of 
such  records.  It  shall  be  the  duty  of  said  Department  of  Elec- 
tions, in  each  year  in  which  an  election  is  held,  to  cause  to  be 
delivered  to  the  Registration  Officers  in  each  Election  district 
in  the  City,  on  or  before  the  first  day  of  registration,  an  alpha- 
betical record  of  all  male  persons  twenty-one  years  of  age  and 
upwards  who,  in  the  district  in  which  the  said  registration  of- 
ficers are  to  serve,  have  died  since  the  last  election.  Such  rec- 
ords shall  be  known  and  designated  as  the  Record  of  Deaths. 
It  shall  be  the  duty  of  each  Registrar  in  each  election  district, 
upon  the  receipt  of  such  record,  to  securely  attach  the  same  to 
the  inside  of  the  Registers  in  his  custody,  to  the  end  that  it 
may  be  preserved ;  and  each  Registrar  shall  examine  the  Reg- 
isters in  his  custody  as  to  the  name  of  every  person  upon  said 
Registers  who,  by  said  Records  of  Deaths,  shall  by  a  coincid- 
ence in  respect  to  said  names  and  facts  appear  to  have  deceas- 
ed, and  opposite  to  and  against  every  such  name  to  enter  in 
the  column  headed  ''Disqualified"  the  word  "Dead"  and  the 
month,  day  and  year  of  such  entry,  and  in  the  column  headed 
"Remarks"  the  words  "stricken  from  the  Register,"  adding 
against  each  such  entry  made  in  the  column  of  Remarks  the 
inital  letters  of  the  name  of  the  Registrar  making  such  entry ; 
and  through  the  name  of  every  such  person  stricken  from  the 
Registers,  and  then  only,  shall  draw  a  line  indicative  that  such 
name  is  stricken  from  the  Registers  of  that  election  district. 


47 

1675.  Sec.  18.    Compensation  of  Election  Officers  and  Other 
Expenses;  How  Paid: — The    compensation    of    Inspectors    of 
Election  or  other  persons  authorized  by  law  to  hold  the  same, 
Poll  Clerks  and  other  officers  of  election,  in  the  City  of  Wil- 
mington, the  costs  and  expenses  of  all  necessary  election  no- 
tices, posters,  maps,  advertisements,  books,  blanks,  stationery, 
the  rent  and  cost  of  fitting  up,  warming,  lighting,  cleaning  and 
safe  keeqing  of  all  places  of  registration  and  polling  places,  of 
carting  ballot  boxes,  and  of  all  supplies  of  every  kind  and 
nature  for  elections  in  said  City,  shall  be  paid  as  other  general 
election  expenses  are,  and  upon  proper  warrants  and  vouchers 
made  by  the  said  Department  of  Elections. 

1676.  Sec.  19.    Department  of  Engineering  and  Surveying  in 
Wilmington  to  Furnish  Maps : — It  shall  be  the  duty  of  the  De- 
partment of  Engineering  and  Surveying  of  the  City  of  Wil- 
mington to  furnish  to  the  Department  of  Elections  of  said  City, 
upon  its  request,  a  map  or  maps  of  the  several  Wards  of  the 
City,  or  of  any  and  all  portions  thereof. 

1677.  Sec.  20.     Change  of  Name  or  Numbers  of  Streets  Reg- 
ulated : — It  shall  not  be  lawful  for  any  of  the  authorities,  offic- 
ers or  agents  of  the  City  of  Wilmington  to  number  or  re-num- 
ber, or  change  the  name  of  any  street,  avenue,  lane,  road  or 
way  in  the  said  City,  or  in  anywise  to  change  or  alter  any  such 
number  or  name,  save  between  the  first  day  of  July  and  the 
last  day  of  August  of  any  year. 

1677  A.  Sec.  21.  Clerks ;  Appointment ;  Lists ;  Term ;  Duties ; 
Refusal  to  Serve ;  Penalty : — That  the  Department  of  Elections 
for  the  City  of  Wilmington  shall,  sometime  in  the  month  of 
October  in  each  year  in  which  a  general  election  is  held,  ap- 
point in  each  election  district  of  said  city  two  capable  persons 
who  shall  be  clerks  of  election  of  the  election  district  for  which 
they  are  appointed ;  one  of  whom  in  each  election  district  shall 
be  a  member  of  one  of  the  leading  political  parties  in  said  city, 
and  the  other  of  whom  shall  be  a  member  of  the  other  leading 
political  party  of  the  said  city.  For  each  appointment  of  clerk 
accredited  to  any  political  party  under  this  Act,  the  County 
Executive  Committee  of  such  party  shall  furnish  said  Depart- 
ment of  Elections  for  said  City,  on  or  before  the  first  day  of 
October  of  the  year  in  which  the  appointment  is  to  be  made  a 
list  of  three  names  of  properly  qualified  persons  for  each  ap- 
pointment so  accredited,  from  which  lists  the  said  Department 
of  Elections  shall  appoint  the  Clerks  of  Elections  as  aforesaid. 
Provided,  however,  that  if  the  said  lists  of  names  are  not  fur- 


48 

nished  as  aforesaid,  then  in  that  event  said  Department  of 
Elections  shall  appoint  some  suitable  person  or  persons  of  such 
political  party  as  aforesaid,  and  having  all  the  qualifications 
provided  by  this  Section.  The  terms  of  office  of  said  Clerks  of 
Election  shall  be  two  years  commencing  on  the  date  of  their 
appointment.  The  Clerks  of  Election  shall  during  their  term 
of  office  discharge  and  perform  at  all  elections  held  in  the 
Election  District  for  which  they  are  appointed  (other  than 
primary  elections  and  elections  for  members  of  the  Board  of 
Public  Education)  all  duties  which  are  now  or  hereafter  may 
be  by  law  imposed  upon  clerks  of  election.  Any  vacancies  oc- 
curring in  the  office  of  clerks  of  election  in  any  election  dis- 
trict in  the  City  of  Wilmington  shall  be  filled  by  said  Depart- 
ment of  Elections  for  the  unexpired  term,  and  when  filling 
such  vacancies  the  said  Department  of  Elections  shall  select 
some  person  of  the  same  political  party  as  the  Clerk  who  has 
been  originally  appointed. 

If  any  Clerk  of  election,  who  having  been  appointed  under 
the  provisions  of  this  Act,  shall  refuse  to  qualify  or  having 
qualified  shall  fail  or  refuse  to  perform  any  of  the  duties  of 
said  office,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  up- 
on conviciton  thereof  shall  pay  a  fine  of  not  less  than  Fifty  nor 
more  than  One  Hundred  Dollars. 


49 


CHAPTER  91.    VOLUME  28. 

DEPARTMENT  OF  ELECTIONS  FOR  THE  CITY  OF 
WILMINGTON. 

AN  ACT  in  relation  to  the  Printing  of  Ballots  by  the  Depart- 
ment of  Elections  to  be  used  at  Municipal  Elections  in  the 
City  of  Wilmington. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  State  of  Delaware  in  General  Assembly  met  (Two-thirds 
of  all  the  members  elected  to  each  branch  thereof  concurring 
therein)  : 

Section  1.    Ward  Number  to  be  Printed  on  Ballots: — At  the 

next  Municipal  Election  held  in  the  City  of  Wilmington  and  at 
each  Election  thereafter,  the  Department  of  Elections  shall 
cause  to  be  printed  on  the  margin  at  the  top  of  the  ballots, 
printed  by  said  Department  of  Elections,  the  Ward  number  for 
which  said  ballots  are  to  be  used  in  the  following  words : — 

"Ballot  for Ward." 

Approved  March  15,  A.  D.  1915. 


50 


CHAPTER  58. 
PRIMARY  ELECTIONS. 


Sec.     1.     Defined. 


Sec.  2.  By  ballot;  throughout 
County  at  same  time; 
no  two  parties  on  same 
day;  not  more  than  two  Sec.  7 
days  in  any  one  year 
for  any  political  party. 

Sec.  3.  Held  by  board  of  elec- 
tion officers;  how  com- 
posed and  appointed. 

Sec.     4.     Inspector       outside     of 

Wilmington;  who  shall  S 
be;  judges;  how  ap- 
pointed; inspector  and 
judges  in  Wilmington; 
how  appointed ;  terms 
of  office ;  qualifications ; 
vacancies ;  inspector  Sec. 
and  judges  of  party 
not  having  an  inspect- 
or; how  appointed;  re- 
fusal of  appointee  to 
qualify  or  act;  penalty; 
how  recovered ;  what 
deemed  a  refusal;  time 
of  appointment. 

Sec.  5.  Oath  of  officers;  when 
taken;  form. 


Sec.  6.  Clerks;  how  chosen; 
when;  oath;  when  ad- 
ministered; by  whom; 
form. 


Qualifier  of  primary 
election  officers ;  ap- 
pointment; duties; 
compensation;  oath  of 
inspector  or  judge 
chosen  on  day  of  elec- 
tion ;  how  administer- 
ed. 

Oath  of  qualifier;  when 
taken;  form;  by  whom 
administered ;  failure 
to  take  oath;  misde- 
meanor; penalty. 

9.     Registration   days. 


Sec.  10. 


Voting  books  of  quali- 
fied voters  for  primary 
elections  outside  of 
Wilmington;  sheriff  to 
furnish  registrars;  how 
ruled,  &c.;  entries  in; 
how  and  when  compar- 
ed and  certified;  rede- 
livered  to  sheriff; 
when. 


51 


Sec.  11.  Voting  books  of  qual- 
fied  voters  for  primary 
elections  in  Wilming- 
ton; department  of 
elections  to  furnish  to 
registrars  ;  how  and 
when  compared;  cor- 
rected  and  certified; 
verification  under 
oath;  redelivery  to  de- 
partment of  elections. 

Sec.  12.  Department  of  elections 
to  compare  and  correct 
books;  when;  disposi- 
tion of  books. 


Sec.  18. 


Sec.  13.  Stealing,  destroying,  fal- 
sifying, secreting,  &c., 
primary  election  books 
by  officer  having  cus-  gec  i$ 
tody;  misdemeanor; 
penalty. 

Sec.  14.  Similar  offense  by  oth- 
er persons  ;  misde- 
meanor; penalty. 

Sec.  15.  Time  for  holding  pri- 
mary elections  ;  revi- 
sion of  registration  in 
Wilmington;  date  of; 
delivery  of  primary 
election  books  by  clerk 
of  the  peace  to  election 
department  for  munici-  gec  20. 
pal  primary  elections  ; 
who  may  vote  at;  time 
for  opening  and  clos- 
ing polls. 

Sec.  16.  Notice  of  primary  elec- 
tion; by  whom;  to 


whom;  when  given; 
delivery  of  voting 
books;  duty  of  inspect- 
or; refusal  or  neglect; 
misdemeanor ;  penalty. 

Electors ;  qualifications ; 
votes  received;  how; 
may  vote  at  but  one 
primary  election ;  re- 
turn of  books  by  in- 
spectors ;  by  depart- 
ment of  elections;  neg- 
lect; misdemeanor ; 
penalty. 

Receiving  illegal,  or  re- 
fusing legal  votes;  mis- 
demeanor ;  penalty. 

Illegal  voting;  soliciting 
or  receiving  reward  for 
vote;  voting  at  primary 
election  of  more  than 
one  party;  voting  more 
than  once ;  unlawfully 
influencing,  hindering 
or  preventing  voter ; 
unlawfully  influencing, 
advising  or  interfering 
with  election  officer ; 
other  offenses  under 
general  law ;  misde- 
meanors; penalties. 

Territory  in  primary 
election  district;  how, 
when  and  by  whom  de- 
termined; general  elec- 
tion districts  not  to  be 
divided;  place  of  hold- 
ing; places  excluded; 
designation  of  districts. 


52 


Sec.  21.  Failure  of  department 
of  elections,  or  sheriff, 
or  clerk  of  the  peace  to 
deliver  primary  elec- 
tion books ;  misde- 
meanor ;  penalty. 

Sec.  22.  Intoxicating  liquors  in 
place  where  primary 
election  held;  drinking 
same  therein;  misde- 
meanors ;  penalties. 

Sec.  23.  Ballot  boxes;  delivery 
at  polling  places;  de- 
scription thereof;  oth- 
er box. 


ord  kept;  announce- 
ment of  number  of 
votes  cast  at  any  time, 
upon  request. 

Sec.  28.  Roped  or  chained  area 
at  voting  window;  on- 
ly voters  allowed  with- 
in enclosed  area;  vio- 
lation a  misdemeanor; 
penalty. 

Sec.  29..  Watchers;  privileges 
of;  removal  for  mis- 
conduct ;  unlawful  ex- 
clusion of;  misdemean- 
or; penalty. 


Sec.  24.     Ballot  boxes;  how  plac-    Sec.  30.     Challenges;   election  of- 


ed ;    locked. 

Sec.  25.  Announcement  of  votes; 
number  of  cast;  public 
reading  and  count  of 
votes ;  disposition  of 
ballots;  tally;  an- 
nouncement of  result. 


fleers  must  decide;  oath 
of  voter;  form  of;  bal- 
lot received,  or  reject- 
ed, when;  challenges 
shall  not  delay  voting; 
challenging  vote  for 
delay  a  misdemeanor ; 
penalty. 


Sec.  26.    Tally  sheets  and  certi-    Sec:  3L 
ficates;     disposition  of 
same  and  of  ballots  and 
poll   lists;    sealing     of   Sec,  32. 
box;  blank  tally  sheets, 
certificates,   poll   books 


Election    officers ; 
ers  of. 


pow- 


Compensation  of  pri- 
mary election  officers ; 
how  paid. 


and       stationery,       by   Sec.  33.     Removal  of  election  of- 


whom  furnished;  print- 
ed instructions. 


ficer;  when;  by  whom; 
substitutes. 


Sec.  27.     Poll  books;  how  made;    Sec.  34.     Nominees; 
method  of  voting;  rec-  how  filled. 


vacancies ; 


53 


Sec.  35.  Nominee;  how  ascer- 
tained; by  whom;  tie 
votes ;  contests ;  how 
and  by  whom  decided; 
form  of  proceedings; 
oath  of  county  com- 
mittee, &c.;  failure  to 
faithfully  discharge  du- 
ties;  misdemeanor ; 
penalty. 


Sec.  37.  Chapter  not  to  apply  to 
primary  elections  for 
delegates  to  State  con- 
vention ;  when ;  such 
primary  elections  at 
expense  of  County  com- 
mittee, &c. ;  primary 
elections  for  delegates 
to  county  or  city  con- 
ventions; expenses  how 
paid. 


Sec.  36     Ballots;    by     whom  and    Sec. 
when  printed;  form  of; 
how   voted;    notice     of 
candidacy. 


Sale  of  intoxicating  li- 
quors on  day  of  pri- 
mary election  not  pro- 
hibited. 


1678.  Sec.  1.  Defined : — A  primary  election  within  the  mean- 
ing of  this  Chapter  is  an  assemblage  of  voters  who  are  mem- 
bers of  any  political  party,  organization  or  association,  duly 
convened  for  the  purpose  of  nominating  a  candidate  or  can- 
didates for  public  office,  or  for  the  purpose  of  selecting  dele- 
gates or  representatives  to  any  political  convention  thereafter 
to  be  held  for  the  purpose  of  selecting  candidates  as  aforesaid, 
which  at  the  last  general  election  before  the  primary  election 
polled  at  least  ten  per  centum  of  the  entire  vote  of  the  State, 
or  any  division  or  subdivision  thereof,  for  which  nominations 
were  made. 


1679.  Sec.  2.  By  Ballot;  Throughout  County  at  Same  Time; 
No  Two  Parties  on  Same  Day ;  Not  More  than  Two  Days  in  Any 
One  Year  for  Any  Political  Party: — All  primary  elections  to 
be  held  by  any  political  party,  organization  or  association,  for 
the  purpose  of  nominating  or  selecting  candidates  to  be  voted 
for  at  any  subsequent  election,  or  for  the  purpose  of  selecting 
delegates  or  representatives  to  any  political  convention  to  be 
held  for  the  purpose  of  selecting  candidates  as  afore- 
said shall  be  by  ballot.  The  primary  election  for 
any  political  party,  organization  or  association,  for 
the  nomination  of  the  same  class  of  candidates  to  be  voted 
for  at  any  subsequent  election,  or  for  the  selection  of  delegates 


54 

or  representatives  to  any  political  convention  thereafter  to  be 
held  for  the  purpose  of  selecting  candidates  as  aforesaid,  shall 
be  held  in  the  several  Hundreds  or  Districts  at  the  same  time. 
Notice  of  the  time  and  places  for  holding  all  primary  elections 
shall  be  given  by  publishing  the  same  once  each  day  for  at  least 
five  days  before  the  time  of  holding  the  same,  in  one  or  more 
daily  newspapers  printed  in  the  County  in  which  said  primary 
election  shall  be  held,  or  in  two  issues  of  two  weekly  newspa- 
pers next  before  the  time  of  holding  such  primary  elections, 
in  case  no  daily  newspaper  is  published  in  the  County.  No  two 
political  parties,  organizations  or  associations  shall  hold  their 
primary  elections  on  the  same  day.  The  number  of  days  that 
shall  be  allowed  for  holding  primary  elections  to  nominate  per- 
sons to  be  voted  for  at  a  general  election  and  to  nominate  per- 
sons to  be  voted  for  at  municipal  elections  in  the  City  of  Wil- 
mington, shall  not  exceed  two  for  each  political  party,  organ- 
ization or  association  in  any  one  year. 

1680.  Sec.  3.    Held  by  Board  of  Election  Officers ;  How  Com- 
posed and  Appointed: — Every  primary  election  to  be  held  by 
any  political  party,  organization  or  association  for  the  purpose 
of  nominating  or  selecting  candidates  by  ballot  to  be  voted  for 
at  any  subsequent  election,  or  for  the  purpose  of  selecting  del- 
egates or  representatives  to  any  political  convention  thereafter 
to  be  held  for  the  purpose  of  selecting  candidates  as  aforesaid, 
shall  be  held  by  a  Board  of  Election  officers  consisting  of  one 
inspector,  who  shall  be  a  judge  and  the  presiding  officer,  and 
two  other  judges  at  each  voting  precinct;  and  if  it  should  so 
happen   that   but   one   person   as   presiding   officer   or   judge 
should  have  been  appointed  by  such  political  party,  organiza- 
tion or  association,  to  hold  such  primary  election,  or  having 
been  appointed  and  being  absent,  the  electors  there  present  at 
the  hour  appointed  for  opening  such  primary  election  shall  pro- 
ceed without  ballot  to  choose  from  among  the  qualified  voters 
of  the  election  district  there  present  a  presiding  officer,  judge 
or  judges,  as  the  case  may  require ;  in  choosing  such  presiding 
officer,  judge  or  judges,  two  qualified  voters  of  the  district,  to 
be  nominated  and  appointed  by  the  electors,  shall  be  the  judges. 

1681.  Sec.  4.    Inspector  Outside  of  Wilmington;  Who  Shall 
be;  Judges,  How  Appointed;  Inspector  and  Judges   in    Wil- 
mington ;  How  Appointed ;  Terms  of  Office ;  Qualifications ;  Va- 
cancies :  Inspector  and  Judges  of  Party  Not  Having  an  Inspect- 
or; How  Appointed;  Refusal  of  Appointee  to  Qualify  or  Act; 


55 

Penalty;  How  Recovered;  What  Deemed  a  Refusal;  Time  of 
Appointment: — The  Inspector  of  each  election  district  for  all 
primary  elections  held,  outside  the  City  of  Wilmington,  under 
the  direction  of  any  political  party,  organization  or  association, 
shall  be  the  person  who  was  the  candidate  of  the 
political  party,  organization  or  association,  holding  such 
primary  election  for  the  office  of  inspector,  at  the 
general  election  next  preceding  such  primary  election;  pro- 
vided, that  in  cases  where  the  primary  election  is  held  without 
regard  to  the  division  of  any  Hundred  into  election  districts 
for  general  election  purposes,  the  person  who  was  the  candi- 
date for  the  office  of  Inspector  as  aforesaid,  for  the  election 
district  in  which  the  place  of  voting  at  such  primary  election 
is  situated,  shall  be  the  inspector  of  such  primary  election.  The 
two  judges,  as  provided  by  Section  three  of  this  Chapter,  shall 
be  appointed  by  the  regularly  organized  and  constituted  Coun- 
ty Committee  or  governing  authority  of  the  political  party,  or- 
ganization or  association  holding  such  primary  election.  The 
inspector  and  judges  of  all  primary  elections  held  in  the  City 
of  Wilmington  shall  be  appointed  by  the  regularly  organized 
and  constituted  County  Committee  or  governing  authority  of 
the  political  party,  organization  or  association  holding  such 
primary  election,  from  the  persons  designated  to  conduct  the 
next  subsequent  general  election.  The  term  of  office  of  said 
inspectors  and  judges  shall  be  for  one  year.  Said  committee  or 
governing  authority  shall  designate  which  persons  shall  act  as 
inspector,  and  which  persons  shall  act  as  judges  of  such  pri- 
mary elections.  The  persons  so  appointed  shall  be  residents 
of  the  primary  election  district  for  which  they  are  appointed. 
In  all  cases  when  primary  election  officers  are  appointed  as 
herein  provided,  representatives  of  the  interest  of  each  can- 
didate shall  be  as  nearly  equally1  divided  as  possible  upon  the 
board  of  election  officers.  If  any  person  designated  in  this  sec- 
tion to  be  inspector  of  any  primary  election  shall  die,  remove 
from  his  primary  election  district,  or  be  for  any  reason  phys- 
ically unable  to  attend  in  his  primary  election  district  at  any 
primary  election  held  by  his  political  party,  organization  or 
association,  then  the  regularly  organized  and  constituted  Coun- 
ty Committee  or  governing  authority  of  the  political  party, 
organization  or  association  holding  such  primary  election,  shall 
appoint  an  inspector  to  fill  the  vacancy  thereby  created.  If  any 
political  party,  association  or  organization  desires  to  hold  a 
primary  election  for  the  purpose  of  nominating  candidates  for 
public  office,  and  there  is  no  recognized  member  of  said  politi- 


56 

cal  party,  association  or  organization  among  the  persons  desig- 
nated in  this  Chapter  to  serve  as  inspectors  and  judges  of  such 
primary  elections,  or  not  a  sufficient  number  of  recognized 
members  for  said  purpose,  then  the  regularly  organized  and 
constituted  County  Committee  or  governing  authority  of  such 
political  party,  association  or  organization,  shall  appoint  the 
inspector  and  judges  to  hold  such  primary  election.  In  case  of 
refusal  or  neglect  on  the  part  of  any  person  designated  by  this 
Chapter  or  appointed  pursuant  to  the  provisions  hereof  to  be 
an  inspector  or  judge,  as  the  case  may  be,  of  any  primary  elec- 
tion, to  qualify  according  to  the  requirements  of  this  Chapter, 
or  to  serve,  or  to  act,  he  shall  be  liable  to  a  penalty  of  two  hun- 
dred dollars,  recoverable  by  the  County  Treasurer,  by  civil  ac- 
tion in  any  court  of  record,  in  the  name  of  the  County  Treasur- 
er and  for  the  use  and  benefit  of  the  County;  and  the  failure 
on  the  part  of  any  such  person  to  comply  with  any  of  the  re- 
quirements of  this  Chapter  preliminary  to  opening  the  polls, 
or  to  attend  on  the  day  of  any  primary  election  during  his 
term,  unless  prevented  by  sickness  or  other  sufficient  cause,  the 
burden  of  proof  of  which  shall  be  upon  the  delinquent,  shall  be 
deemed  a  refusal  within  the  meaning  of  this  Chapter.  The 
election  officers,  whose  appointment  is  provided  for  in  this 
Section,  shall  be  appointed  at  least  two  weeks  before  such  pri- 
mary election  is  to  be  held. 

1682.  Sec.  5.  Oath  of  Officers;  When  Taken;  Form:— Before 
opening  the  election,  the  presiding  officers  and  judges  shall 
each  take  and  subscribe  an  oath  according  to  the  following 
form,  viz:  "I  do  solemnly  swear  (or  affirm)  that  in  the  pri- 
mary election  to  be  held  on  the day  of 

A.  D ,1  will  not  knowingly  or  wilfully  receive  or 

consent  to  the  receiving  of  the  vote  of  any  alien, 
and  also  that  I  will  not  receive  or  consent  to  the  receiving  of 
the  vote  of  any  person  whom  I  shall  believe  not  entitled  to  vote, 
unless  my  associates  shall  adjudge  such  person  to  be  entitled 
to  vote.  That  I  will  not  receive  or  reject,  nor  concur  in  receiv- 
ing or  rejecting  any  vote  through  partiality  or  under  bias,  and 
that  I  will  determine  every  matter  that  shall  come  before  me 
and  perform  every  act  and  duty  by  law  required  of  me,  touch- 
ing the  said  primary  election,  truly,  faithfully  and  impartially, 
according  to  the  best  of  my  skill  and  judgment;  that  I  will 
cause  the  ballots  that  shall  be  taken  at  said  primary  election 
to  be  fully  read  and  ascertained,  and  a  true  statement  thereof 
to  be  made,  according  to  the  best  of  my  knowledge  and  ability ; 
that  I  have  not  received,  nor  will  not  receive  directly  or  in- 


57 

directly  from  or  through  any  candidate  to  be  voted  for  at  said 
primary  election,  or  any  representative  of  any  such  candidate 
or  other  person,  any  money,  pay,  or  other  valuable  thing  or  re- 
ward; that  I  have  not  been  promised,  or  in  any  manner  been 
led  to  believe  that  I  will  at  any  time  directly  or  indirectly  re- 
ceive any  money,  pay,  or  other  valuable  thing  or  reward  from 
such  candidate  or  representative  of  such  candidate  or  other 
person  other  than  that  provided  by  this  Chapter,  and  if  I  shall 
discover  any  partiality,  unfairness  or  corruption  in  the  con- 
ducting of  the  said  primary  election,  I  shall  disclose  the  same 
to  the  executive  authority  that  shall  have  directed  the  holding 
of  the  said  primary  election,  and  to  the  Attorney  General,  to 
the  end  that  the  subject  may  be  investigated,  so  help  me  God 
(or  so  I  solemnly  affirm)." 

1683.  Sec.  6.     Clerks,  How  Chosen;  When;  Oath;  When  Ad- 
ministered ;  By  Whom ;  Form : — Each  of  the  said  judges,  after 
being  duly  qualified,  shall  choose    one    clerk    of   the   primary 
election  to  be  held,  to  whom  the  presiding  officer  or  one  of  the 
judges  who  is  hereby  authorized  to  administer  the  same,  shall 
on  the  day  of  such  primary  election  administer  the  oath  or  af- 
firmation, which  shall  be  subscribed  as  follows,  viz:  "I  do  sol- 
emnly swear  (or  affirm)  that  as  clerk  of  this  primary  election 
to  be  this  day  held,  I  will  not  use  or  assent  to  any  falsehood, 
fraud  or  deceit,  and  I  will  keep  the  polls  and  perform  my  du- 
ties truly,  faithfully  and  impartially,  so  help  me  God  (or  so  I 
solemnly  affirm)." 

1684.  Sec.  7.     Oath  of  Office;  How  Administered :— Oaths  of 
the  presiding  officer,  judges  and  clerks  shall  be  administered 
as  follows : — to  the  judges  and  clerks  by  the  presiding  officer 
and  to  such  presiding  officer  by  one  of  the  judges,  and  such 
presiding  officer  shall  immediately  send  such  oaths  or  affirma- 
tions subscribed  as  aforesaid  by  mail  to  the  Chairman  of  the 
Committee  or  governing  authority  holding  such  Primary  Elec- 
tion. 

1685.  Sec.  8.     *  *  *  *  *  *  * 

1686.  Sec.  9.     Registration  Days: — The  time  for  the  registra- 
tion officers  to  sit  in  the  several  Counties  for  ascertaining  and 
registering,  under  the  provisions  of  Chapter  Fifty-six,  the  per- 
sons who  are  or  may  become  qualified  to  enjoy  the  right  of  an 
elector  at  the  General  Election,  shall  be  on  the  third  Saturday 
in  July,  on  the  first  and  second  Saturdays  in  August,  on  the 
third  Saturday  in  September,  and  on  the  third  Saturday  next 
preceding  the  day  of  General  Elections. 


58 

1687.  Sec.  10.    Voting  Books  of  Qualified  Voters  for  Primary 
Elections  Outside  of  Wilmington;   Sheriff  to   Furnish  Regis- 
trars; How  Ruled  &c;  Entries  in;  How  and  When  Compared 
and  Certified;  Re-Delivery  to  Sheriff;  When:— -The  Sheriff  of 
the  respective  Counties  shall,  in  addition  to  the  registers  and 
things  he  is  now  required  by  law  to  furnish  to  the  registrar  of 
each  Hundred  or  Election  District  of  his  County,  outside  of  the 
City  of  Wilmington,  before  the  first  day  of  any  registration  of 
voters  of  said  County,  outside  of  the  City  of  Wilmington,  made 
under  the  provisions  of  Chapter  Fifty-six,  prepare  and  furnish 
two  books  for  each  of  said  registrars,  outside  of  the  City  of 
Wilmington,  to  be  known  by  the  name  of  "Voting  Books  of 
Qualified  Voters  for  Primary  Elections,"  for  alphabetical  lists 
of  all  persons  whose  names  may  be  entered  on  the  registers 
pursuant  to  Chapter  Fifty-six.     Said  books  shall  be  ruled  in 
parallel  columns  and  so  arranged  as  to  admit  of  the  convenient 
entry  in  alphabetical  order  of  the  name  of  every  person  who 
may  be  entered  on  the  register  aforesaid  as  a  "qualified  vot- 
er" or  "may  become  qualified  voter,"  and  in  the  parallel  col- 
umn opposite  the  name  of  such  person  the  following  particu- 
lars, to-wit :    First,  his  residence ;  second,  the  day  of  registra- 
tion.    Said  books  shall  contain  six  parallel  columns  for  the 
entry  of  the  word  "voted,"  together  with  the  date  of  voting. 
When  the  registration  officers,  at  any  of  the  sittings  hereinbe- 
fore provided,  shall  enter  in  the  register  the  name  of  any  ap- 
plicant for  registration  as  a  "qualified  voter"  or  "may  become 
qualified  voter,"  they  shall  immediately  thereafter  enter,  in 
the  presence  of  such  applicant,  if  he  remains  in  attendance,  in 
its  proper  alphabetical  place  in  the  "Voting  Book  of  Qualified 
Voters  for  Primary  Elections"  hereinbefore  provided  for,  the 
name  of  such  applicant  and  also  his  residence,  and  date  of  reg- 
istration.   The  said  two  ' '  Voting  Books  of  Qualified  Voters  for 
Primary  Elections"  shall  be  compared  and  certified  on  the  last 
day  of  registration  in  the  month  of  August,  in  the  same  manner 
and  by  the  same  persons  as   now   required   by   Section   15    of 
Chapter  Fifty-Six.    It  shall  be  the  duty  of  the  registrar,  within 
one  secular  day  after  the  certification  by  the  registration  of- 
ficers as  herein  required,  to  deliver  to  the  Sheriff,  who  shall 
safely  keep  the  same,   the  two    "Voting   Books    of    Qualified 
Voters  for  Primary  Elections"  required  by  this  Chapter. 

1688.  Sec.  11.    Voting  Books  of  Qualified  Voters  for  Primary 
Elections  in  Wilmington;  Department  of  Elections  to  Furnish 
to  Registrars;  How  and  When  Compared,  Corrected  and  Cer- 
tified ;  Verification  Under  Oath ;  Re-Delivery  to  Department  of 


59 

Elections :— The  Depaitment  of  Elections  for  the  City  of  Wil- 
mington shall,  in  addition  to  the  registers  and  things  they  are 
now  required  by  law  to  furnish  to  the  registration  officers  in 
said  City,  before  the  first  day  of  any  registration  of  voters  of 
said  city  made  pursuant  to  the  provisions  of  Chapter  Fifty-six, 
prepare  and  furnish  to  the  said  registration  officers  in  every 
election  district  in  said  city,  now  existing  or  hereafter  created, 
two  "Voting  Books  of  Qualified  Voters  for  Primary  Elec- 
tions," said  books  being  in  the  same  form  as  designated  in 
Section  10  of  this  Chapter.  The  said  two  ''Voting  Books  of 
Qualified  Voters  for  Primary  Elections,"  shall  be  compared 
by  the  registration  officers,  on  the  last  day  of  registration  in 
the  month  of  August,  to  see  that  they  agree  with  each  other  in 
every  particular,  and  also  with  the  register  to  see  that  every 
name  entered  on  the  register  as  a  "qualified  voter"  or  "may 
become  qualified  voter"  is  entered  in  its  proper  alphabetical 
place  on  each  of  the  two  "Voting  Books  of  Qualified  Voters  for 
Primary  Elections,"  together  with  the  residence  and  date  of 
registration.  If  any  name  in  the  registers  which  ought  to  have 
been  entered  on  the  said  alphabetical  list  shall  have  been  omit- 
ted therefrom,  it  shall  be  the  duty  of  said  registration  officers 
to  enter  such  name  in  its  proper  alphabetical  place  on  the  al- 
phabetical list,  together  with  the  proper  entries  as  they  appear 
on  the  said  registers.  It  shall  be  the  further  duty,  in  such  com- 
parison of  the  alphabetical  list  with  the  registers,  to  make  such 
corrections  in  the  alphabetical  lists  as  will  make  the  names  and 
entries  appearing  on  the  alphabetical  lists  agree  with  the  same 
names  and  entries  as  entered  on  the  registers.  It  shall  be  the 
duty  of  the  said  registration  officers,  immediately  after  their 
last  sitting  in  the  month  of  August,  to  append  to  each  of  said 
alphabetical  lists  of  * '  qualified  voters ' '  contained  in  said  ' '  Vot- 
ing Books  of  Qualified  voters  for  Primary  Elections"  a  certifi- 
cate, verified  by  oath  or  affirmation  of  the  said  registration  of- 
ficers, or  at  least  two  of  them,  that  the  said  "Voting  Books  of 
Qualified  Voters  for  Primary  Elections"  contain  a  complete 
list  of  the  "qualified  voters"  and  "may  become  qualified  vot- 
ers" of  said  Election  District  as  the  same  are  entered  in  the 
Kegisters  of  voters  of  such  election  district.  After  said  two 
"Voting  Books  of  Qualified  Voters  for  Primary  Elections" 
have  been  compared  and  certified  as  aforesaid,  the  said  regis- 
tration officers  in  each  of  said  election  districts  shall,  immedi- 
ately after  said  certification,  return  the  same  to  the  said  De- 
partment of  Elections. 

1689.     Sec.  12.    Department  of  Elections  to  Compare  and  Cor- 


60 

rect  Books;  When;  Disposition  of  Books:— It  shall  be  the  duty 
of  said  Department  of  Elections  to  compare  and  correct  said 
two" Voting  Books  of  Qualified  Voters  for  Primary  Elections," 
at  any  time  before  the  day  the  first  primary  election  is  held  in 
the  year  of  a  general  election,  and,  when  it  shall  appear  by  any 
data  in  their  possession  that  any  person  has  registered  in  more 
than  one  election  district,  they  shall,  upon  due  inquiry,  strike 
his  name  from  the  said  "Voting  Books  of  Qualified  Voters  for 
Primary  Elections"  of  any  and  all  election  districts  in  which 
he  is  not  a  "qualified  voter,"  and  shall,  opposite  his  name, 
state  the  reason  therefor.  Said  two  "Voting  Books  of  Qual- 
ified Voters  for  Primary  Elections,"  in  each  election  district 
of  the  City  of  Wilmington,  shall  be  preserved  and  delivered  by 
said  Department  of  Elections  as  hereinafter  prescribed  and 
directed. 

The  Levy  Court  of  the  respective  Counties  shall  pay  the 
fees  for  administering  the  oaths  or  affirmations,  made  by  the 
Registration  officers,  as  in  the  next  foregoing  section  prescrib- 
ed. The  fee  for  administering  each  of  such  oaths  or  affirma- 
tions shall  not  exceed  the  sum  of  twenty-five  cents. 

1690.  Sec.  13.    Stealing,  Destroying,    Falsifying,    Secreting, 
&c;  Primary  Election  Books  by  Officer  Having  Custody;  Mis- 
demeanor; Penalty: — Every  inspector  of  any  primary  election, 
poll  clerk,  or  other  officer  or  person  having  the  custody  of  any 
"Voting  Book  of  Qualified    Voters    for   Primary    Elections," 
oath,  return  of  votes,  ceitificate,  poll  list,  or  any  paper,  docu- 
ment, or  evidence  of  any  description  in  this  Chapter  directed 
to  be  made,  filed  or  preserved,  who  is  guilty  of  stealing,  wilful- 
ly destroying,  mutilating,  defacing,  falsifying  or  fraudulently 
removing  or  secreting  the  whole  or  any  part  thereof,  or  who 
shall  fraudulently  make  any  entry,  erasure  or  alteration  there- 
in, except  as  allowed  and  directed  by  the  provisions  of  this 
Chapter,  or  who  permits  any  other  person  to  do  so  shall,  upon 
conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor  and 
shall  be  punished  for  every  such  offense  by  imprisonment  for 
a  period  not  exceeding  two  years,  or  by  a  fine  of  not  more  than 
two  hundred  dollars,  or  both. 

1691.  Sec.   14.    Similar   Offense  by   Other  Persons;   Misde- 
meanor ;  Penalty : — Every  person  not  an  officer,  such  as  is  men- 
tioned in  the  last  preceding  section,  who  is  guilty  of  any  of  the 
acts  specified  in  said  section,  or  who  advises,  procures  or  abets 
the  commission  of  the  same,  or  any  of  them,  shall,  upon  con- 


61 

viction  thereof,  be  adjudged  guilty  of  a  misdemeanor,  and  for 
every  such  offense  shall  be  punished  by  imprisonment  for  a  per- 
iod not  exceeding  two  years,  or  by  a  fine  of  not  more  than  two 
hundred  dollars,  or  both. 

1692.  Sec.  15.  Time  for  Holding  Primary  Elections ;  Revision 
of  Registration  in  Wilmington;  Date  of;  Delivery  of  Primary 
Election  Books  by  Clerk  of  the  Peace  to  Election  Department 
for  Municipal  Primary  Elections ;  Who  May  Vote  at ;  Time  for 
Opening  and  Closing  Polls : — The  time  for  holding  any  primary 
election  shall  *be  after  the  third  day  of  registration,  for  the  en- 
suing general  election,  and  the  time  for  holding  primary  elec- 
tions in  the  City  of  Wilmington  to  nominate  candidates  to  be 
voted  for  at  a  municipal  election  shall  be  in  the  month  of  May 
after  the  day  for  the  revision  of  the  registration  of  voters.  The 
time  for  the  revision  of  the  registration  of  voters  in  the  City 
of  Wilmington  for  municipal  elections  shall  be  and  the  same 
is  hereby  made  the  fourth  Saturday  previous  to  the  day  set  for 
holding  the  election  for  municipal  officers  in  the  said  city.  The 
members  of  the  Department  of  Elections  for  the  City  of  Wil- 
mington, in  addition  to  the  duties  now  required  of  them  by  law, 
shall  demand  of  the  Clerk  of  the  Peace  of  New  Castle  County 
between  the  fifth  and  tenth  of  April  of  any  year  in  which  a 
municipal  election  is  held,  and  it  shall  be  the  duty  of  the  said 
Clerk  of  the  Peace  to  Deliver  to  the  said  Department  of  Elec- 
tions for  the  City  of  Wilmington,  within  two  days  after  said 
demand,  the  original  " Voting  Books  of  Qualified  Voters"  and 
"Begisters"  for  all  the  election  districts  in  the  City  of  Wil- 
mington ;  and  it  shall  be  the  duty  of  the  Department  of  Elec- 
tions for  the  City  of  Wilmington  to  revise  and  prepare  the 
''Voting  Book  of  Qualified  Voters"  as  provided  for  General 
Elections,  and  all  persons  and  only  they  whose  names  appear 
on  the  said  " Voting  Books  of  Qualified  Voters"  shall  be  en- 
titled to  vote  at  a  primary  election  to  nominate  candidates  to 
be  voted  for  at  the  subsequent  municipal  election  in  the  City 
of  Wilmington,  nor  shall  any  person  whose  name  is  on  the  said 
" Voting  Books  of  Qualified  Voters"  be  disqualified  from  vot- 
ing at  the  municipal  election  or  be  compelled  to  register  be- 
cause of  the  fact  that  he  failed  to  vote  at  the  previous  general 
election.  The  time  for  opening  the  polls  for  the  purpose  of 
conducting  the  primary  election  under  the  provisions  of  this 
Chapter  shall  be  one  o  'clock  in  the  afternoon,  and  the  time  for 
closing  the  polls  at  such  primary  election  shall  be  seven  o'clock 
in  the  evening. 


62 

1693.  Sec.  16.    Notice  of  Primary  Election;  by  Whom;     to 
Whom;  When  Given;  Delivery  of  Voting  Books;  Duty  of  In- 
spector; Refusal  or  Neglect;  Misdemeanor;  Penalty :— When- 
ever a  political  party,  organization   or   association   desires   to 
hold  a  primary  election  for  the  purpose  mentioned  in  Section 
2  of  this  Chapter,  the  chairman  or  secretary  of  the  regularly 
organized  and  constituted  county  or  city  committee  or  govern- 
ing authority  of  such  political  party,  organization  or  associa- 
tion, shall  notify  by  letter  the  respective  parties  having  the 
custody  of  the  "Voting  Books  of  Qualified  Vpters  for  Pri- 
mary Elections ' '  or  the  ' '  Voting  Books  of  Qualified  Voters ' '  in 
this  Chapter  provided,  of  their  intention  of  holding  a  primary 
election,  stating  the  day  on  which  they  desire  the  election  held, 
which  notification  shall  be  at  least  two  weeks  prior  to  the  time 
for  holding  such  primary  election.    If  no  previous  notice  shall 
have  been  received  by  the  said  parties  from  any  other  political 
party  of  its  intention  to  hold  a  primary  election  on  that  day, 
the  said  party  shall,  on  or  before  twelve  o  'clock  of  the  day  for 
holding  such  primary  election  for  that  political  party,  organi- 
zation or  association,  deliver  to  each  Inspector  of  such  primary 
election,  the  two  "Voting  Books  of  Qualified  Voters  for  Pri- 
mary Elections"  provided  for  in  this  Chapter,    in    case    of    a 
County  Primary  Election,  or  the  two  "Voting  Books  of  Qual- 
ified Voters ' '  in  case  of  a  Municipal  Primary  Election,  for  each 
general  election  district  that  may  be  contained  in  the  primary 
election  district  to  which   such    "Voting   Books   of   Qualified 
Voters  for  Primary  Elections"  or  "Voting  Books  for  Qualified 
Voters"  shall  apply.    It  shall  be  the  duty  of  the  said  Inspector 
to  have  the  same  at  the  place  of  holding  the  primary  election 
at  the  time  of  opening  the  polls  on  primary  election  day.     If 
any  inspector  shall  refuse,    neglect    or    fail    to  have  the  said 
"Voting  Books  of  Qualified  Voters  for  Primary  Elections"  at 
the  place  of  holding  the  primary  elections  for  any  general  or 
special  election  in  the  County,  or  the  "Voting  Books  for  Qual- 
ified Voters"  at  the  place  of  holding  the  primary  election  for 
any  municipal  election  in  the  City  of  Wilmington,  at  the  time 
designated  in  this  Chapter,  he  shall,  upon  conviction  therefor, 
be  adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  for 
each  such  offense  by  imprisonment  in  the  county  jail  for  a  per- 
iod not  exceeding  ninety  days,  or  by  a  fine  not  exceeding  one 
hundred  dollars,  or  both. 

1694.  Sec.    17.    Electors;     Qualifications;    Votes    Received, 
How ;  May  Vote  at  But  One  Primary  Election ;  Return  of  Books 
by  Inspectors;  by  Department  of  Elections;  Neglect;  Misde- 


63 

meaner;  Penalty: — The  qualification  of  electors  under  this 
Chapter  shall  be  such  as  the  political  party,  organization  or 
association  authorizing  such  election  may  prescribe  and  pub- 
lish, and  in  default  of  any  prescribed  or  published  rule,  the 
past  usages  of  such  political  party  or  organization  shall  be 
recognized  and  adopted,  and  ignorance  of  such  past  usages 
shall  be  no  defense  against  any  of  the  penalties  of  this  Chapter. 
As  each  person  shall  apply  to  vote  at  any  primary  election,  for 
any  general  or  special  election  in  the  County,  the  officers  there- 
of shall  examine  the  "Voting  Books  of  Qualified  Voters  for 
Primary  Elections"  provided  by  this  Chapter,  and  as  each  per- 
son shall  apply  to  vote  at  any  primary  elections  held  for  any 
municipal  election,  the  officer  thereof  shall  examine  the  "Vot- 
ing Books  of  Qualified  Voters"  provided  by  this  Chapter,  and 
if  they  find  thereon  the  name  of  the  person  applying  to  vote 
and  be  satisfied  that  he  is  the  person  whose  name  is  so  reg- 
istered, they  shall  enter  the  word  "voted"  after  his  name 
and  such  voter  shall  not  be  permitted  to  vote  at  any  succeed- 
ing primary  election  held  for  that  particular  election,  by  any 
other  political  party,  organization  or  association.  The  entry 
of  the  word  "voted"  as  aforesaid  shall  be  in  such  a  manner  as 
to  indicate  at  what  primary  election  the  voter  has  voted.  No 
person  whose  name  is  not  contained  in  the  "Voting  Book  of 
Qualified  Voters  for  Primary  Elections,"  shall  be  allowed  to 
vote  or  participate  in  any  primary  election  for  any  general  or 
special  County  election,  and  no  person  whose  name  is  not  con- 
tained in  the  "Voting  Book  of  Qualified  Voters"  shall  be  al- 
lowed to  vote  or  participate  in  any  primary  election  for  any 
municipal  election.  It  shall  be  the  duty  of  the  inspector  within 
two  days  after  the  day  of  the  primary  election  to  return  the 
said  "Voting  Books  of  Qualified  Voters  for  Primary  Elections" 
or  "Voting  Books  of  Qualified  Voters,"  used  by  him  at  any 
primary  election,  to  the  person  or  persons  from  whom  he  re- 
ceived the  same,  who  shall  preserve  them,  and  in  case  of  the 
"Voting  Books  of  Qualified  Voters,"  within  forty  days  after 
they  have  been  returned  to  the  Department  of  Elections  for 
the  City  of  Wilmington,  the  said  Department  shall  deliver  the 
said  Books  and  Registers  to  the  Clerk  of  the  Peace  of  New 
Castle  County,  taking  from  them  a  receipt.  If  any  Inspector 
shall  neglect,  refuse  or  fail  to  return  said  Voting  Books  as  di- 
rected in  this  Section,  the  said  Inspector  so  neglecting,  failing 
or  refusing  shall,  upon  conviction  therefor,  be  adjudged  guilty 
of  a  misdemeanor  and  shall  for  every  such  offense  be  punished 
by  a  fine  not  exceeding  one  hundred  dollars  or  by  imprison- 


64 

merit  for  a  period  not  exceeding  thirty  days,  or  both. 

1695.  Sec.  18.    Receiving  Illegal,  or  Refusing  Legal,  Votes; 
Misdemeanor;  Penalty: — If  at  any  primary  election,  the  pre- 
siding officer  and  judge  shall  knowingly  and  wilfully  receive, 
or  advise,  or  consent  to  the  receiving  of,  the  vote  of  any  person 
not  entitled  to  vote  at  such  primary  election,  or  if  such  pre- 
siding officer  or  judge  shall  knowingly  and  wilfully  refuse  to 
receive  the  vote  of  any  person  entitled  to  vote  at  such  primary 
election,  every  such  presiding  officer  or  judge  shall,  for  every 
such  offense,  forfeit  and  pay  the  sum  of  one  hundred  dollars 
to  any  person  who  will  sue  for  the  same,  or   shall,   for   every 
such  offense,  upon  conviction  thereof,  be  adjudged  guilty  of 
a  misdemeanor,  and  be  fined  not  less  than  one  hundred  dollars, 
and,  in  either  case,  be  imprisoned  until  the  fines,  forfeitures 
and  costs  are  paid  in  full  or  discharged  by  the  Court. 

1696.  Sec.  19.    Illegal  Voting;  Soliciting   or   Receiving   Re- 
ward for  Vote ;  Voting  at  Primary  Election  of  More  Than  One 
Party ;  Voting  More  Than  Once ;  Unlawfully  Influencing,  Hin- 
dering or  Preventing  Voter;  Unlawfully  Influencing,  Advis- 
ing or  Interfering  With  Election  Officer ;  Other  Offenses  Under 
General  Law;  Misdemeanors;  Penalties: — If  at  any  primary 
election  hereafter  held  by  any  political  party,  organization  or 
association,  as  provided  in  this  Chapter,    any   peison    falsely 
personate  any  elector  or  other  person,  and  vote  or  attempt  or 
offer  to  vote  in  or  upon  the  name  of  any  person,  whether  living 
or  dead,  or  in  or  upon  any  false,  assumed,  or  fictitious  name,  or 
in  or  upon  any  name  not  his  own,  or  shall  knowingly,  willingly 
or  fraudulently  vote  more  than  once  for  any  candidate  for  the 
same  office,  or  shall  vote  in  any  other  primary  election  district 
than  the  one  in  which  he  is  a  bona  fide  resident,  or  vote  or  at- 
tempt to  vote  more  than  one  ballot  at  any  primary  election 
district,  or  shall  solicit  from  any  candidate  or  from  any  other 
person,  or  shall  receive,  directly  or  indirectly,  from  such  can- 
didate or  from  any  other  person  any  money,    or   promise    of 
place  or  position,  or  any  valuable  consideration  of  any  kind, 
for  his  vote  or  support,  or  if  any  person  shall  vote  at  the  pri- 
mary election  of  more  than  one  political  party,  organization  or 
association,  held  for  the  purpose  of  nominating  or  selecting  a 
candidate  or  candidates  to  be  voted  for  at  any  subsequent  gen- 
eral election,  or  for  the  purpose  of  selecting  delegates  or  repre- 
sentatives to  any  political  convention  thereafter  to  be  held  for 
the  purpose  of  selecting  candidates  as  aforesaid,  before  any 
one  general  election,  or,  not  being  entitled  thereto,  shall  vote 


65 

or  attempt  or  offer  to  vote  in  any  primary  election  district,  or 
having  once  voted  shall  attempt  or  offer  to  vote  again,  or  shall 
knowingly,  wilfully  or  fraudulently  do  any  unlawful  act  to 
secure  opportunity  for  himself  or  for  any  other  person  to  vote, 
or  shall  by  force,  threat,  menace,  intimidation,  bribery  or  re- 
ward or  offer  to  or  promise  thereof,  or  otherwise  unlawfully 
either  directly  or  indirectly  influence  or  attempt  to  influence 
any  elector  in  giving  his  vote,  or  shall  promise  any  place  or 
position  for  the  purpose  of  securing  any  voter's  suppoit  or  pre- 
vent or  hinder  or  attempt  to  prevent  or  hinder  any  qualified 
voter  from  freely  exercising  the  rights  of  suffrage,  or  by  any 
such  means  induce  or  attempt  to  induce  any  such  voter  to  re- 
fuse to  exercise  any  such  right,  or  shall,  by  any  such  means  or 
otherwise,  compel  or  induce  or  attempt  to  compel  or  induce  any 
inspector  of  any  primary  election  or  other  officer  of  any  pri- 
mary election  in  any  primary  election  district  to  receive  the 
vote  of  any  person  not  legally  qualified  or  entitled  to  vote  at 
the  said  primary  election  in  such  district,  or  shall  knowingly, 
wilfully  or  fraudulently  interfere  with,  delay  or  hinder  in  any 
manner  any  inspector  of  any  primary  election,  poll  clerk  or 
other  officer  of  any  primary  election  in  the  discharge  of  his 
duty,  or  by  any  such  means  or  other  unlawful  means,  know- 
ingly, wilfully  or  fraudulently  counsel,  advise,  induce  or  at- 
tempt to  induce  any  inspector  of  any  primary  election,  poll 
clerk  or  other  officer  of  any  primary  election,  whose  duty  it  is 
to  ascertain,  proclaim,  announce  or  declare  the  result  of  any 
such  primary  election  or  to  give  or  make  any  certificate,  docu- 
ment, report,  return  or  other  evidence  in  relation  thereto,  to 
refuse  or  neglect  to  comply  with  his  duty,  or  to  violate  any 
law  regulating  the  same,  or  to  receive  the  vote  of  any  person 
in  any  primary  election  district  not  entitled  to  vote  therein  or 
to  refuse  to  receive  the  vote  of  any  person  entitled  to  vote 
therein,  or  shall  aid,  counsel,  or  advise,  procure  or  assist  any 
voter,  person  or  inspector  of  any  primary  election,  or  other 
officer  of  such  primary  election,  to  do  any  act  by  law  forbid- 
den, or  in  this  Chapter  constituted  an  offense,  or  to  omit  to  do 
any  act  by  law  directed  to  be  done,  every  such  person  shall, 
upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor, 
and  shall,  when  not  herein  otherwise  particularly  specified,  be 
punished  for  every  offense  by  imprisonment  for  not  more  than 
two  years,  or  by  a  fine  of  not  more  than  two  hundred  dollars, 
or  both. 

Any  act  or  deed  declared  an  offense  by  the  general  laws  of 
this  State  concerning  elections  and  not  herein  particularly  men- 


66 

tioned,  shall  also  be  an  offense  in  all  primary  elections,  and 
shall  be  punished  in  the  same  form  and  manner  as  is  provided 
for  the  punishment  of  similar  offenses  by  the  general  laws ;  and 
3,11  the  penalties  and  provisions  of  the  general  laws  shall  apply 
in  such  cases  with  equal  force,  and  shall  be  as  effective  as 
though  fully  set  out  in  this  Chapter. 

1697.  Sec.  20.    Territory  in  Primary  Election  District;  How, 
When  and  By  Whom  Determined;  General  Election  Districts 
Not  to  be  Divided;  Place  of  Holding;  Places  Excluded;  Desig- 
nation of  Districts: — The  regularly  organized  and  constituted 
County  Committee  or  governing  authority  of  the  political  par- 
ty,   organization    or    association    holding    any    primary    elec- 
tion shall,  at  least  two  weeks  before  such  primary  election  is 
held,  determine  what  territory  shall  comprise  a  primary  elec- 
tion  district;   provided,   that   such   primary   election   district 
shall  be  so  formed  that  the  whole  of  each  election  district  for 
the  general  election  shall  be  in  one  prima^  election  district. 
They  shall  also  designate  the  place  of  holding  the  primary  elec- 
tion in  each  primary  election  district  and  secure  the  room  for 
holding  the  same.    Said  room,  in  all  cases  where  one  primary 
election  district  comprises  more  than  one  general  election  dis- 
trict, shall  be  in  the  general  election  district  where  the  great- 
est number  of  votes  were  polled  lay  the  political  party,  organ- 
ization or  association  holding  such  primary  election,  at  the 
general  election  next  preceding  the  said  primary  election.  They 
shall  also  designate  each  of  said  districts  by  appropriate  titles 
or  distinctions.    No  primary  elections  shall  be  held  under  the 
provisions  of  this  Chapter  in  a  place  or  building  where  intox- 
icating liquor  is  sold. 

1698.  Sec.  21.    Failure  of  Department  of  Elections,  or  Sher- 
iff, or  Clerk  of  the  Peace,  to  Deliver  Primary  Election  Books ; 
Misdemeanor ;  Penalty: — If  the  Sheriff  of  any  County  or  the 
members  of  the  Department  of  Elections  for  the  City  of  Wil- 
fiangton  shall  wilfully  neglect,  refuse  or  fail  to  deliver  to  each 
Inspector  of  Primary  elections  the  ''Voting  Books  of  Qualified 
Voters  for  Primary  Elections"  or  "Voting  Books  of  Qualified 
Voters"  in  his  or  their  custody,  for  each  general  election  dis- 
trict that  may  be  contained    in     the     primary     election     dis- 
trict for  which  he  is  appointed,  or  the  Clerk  of  the  Peace  of 
New  Castle  County  shall  unlawfully  neglect,  refuse  or  fail  to 
deliver  to  the  Department  of  Elections  for  the  City  of  "Wilming- 
ton the  said  "Voting  Books  of  Qualified  Voters,"  then  in  that 
case  the  said  Sheriff  or  any  member    of  said   Department   of 


67 

Elections  or  the  said  Clerk  of  the  Peace  so  neglecting,  failing 
or  refusing  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  misdemeanor  and  shall  for  every  such  offense  be  punished 
by  imprisonment  for  a  period  not  exceeding  one  year,  or  by  a 
fine  of  not  more  than  two  hundred  dollars,  or  both,  and  such 
conviction  shall  of  itself  work  a  forfeiture  of  his  office. 

1699.  Sec.  22.    Intoxicating  Liquors  in  Place  Where  Primary 
Election  Held;  Drinking  Same  Therein;  Misdemeanors;  Pen- 
alties : — Whoever,  during  the  time  that  any  primary  election  is 
in  progress  in  any  primary  election  district  or  during  the  time 
the  ballots  cast  thereat  are  being  counted,  shall  bring,  take, 
order  or  send  into,  or  attempt  to  bring,  take  or  send  into  any 
place  of  holding  any  primary  election,  any  intoxicating  liquors 
whatever,  or  shall  at  any  such  time  and  place  diink  or  partake 
of  any  such  intoxicating  liquors,  shall,  upon  conviction  thereof, 
be  adjudged  guilty  of  a  misdemeanor  and  shall  for  every  such 
offense  be  punished  by  a  fine  of  not  less  than  five  dollars,  and 
not  exceeding  ten  dollars. 

1700.  Sec.  23.    Ballot  Boxes;  Delivery  at  Polling  Places;  De- 
scription Thereof;  Other  Box: — The  Sheriff  of  the  respective 
Counties  shall  provide  and  deliver,  or  cause  to  be  provided  and 
delivered  to  the  officers  at  every  polling  place  in  their  County, 
outside  of  the  City  of  Wilmington,    (and   the    Department   of 
Elections  shall  perform  the  same  duties  in  the  City  of  Wilming- 
ton), where  a  primary  election  is  to  be  held,  a  ballot  box,  the 
same  to  be  provided  with  a  lock  and  key;  the  said  ballot  box 
to  be  not  less  than  twelve  inches  long,  nine  and  one-half  inches 
wide,  and  nine  inches  high ;  both  sides  of  said  box  shall  be  en- 
tirely of  clear  glass  and  shall  have  a  lid  so  constructed  that  the 
said  lid  will  slide  writh  ease.     The  lid  of  said  ballot  box  shall 
have  an  opening  in  the  top  not  more  than  one  inch  long  and 
not  more  than  three-sixteenths  of  an  inch  wide ;  the  opening  to 
be  entirely  enclosed  with  iron,  steel  or  tin,  which  material  shall 
be  securely  fastened  to  the  lid.     Said  Sheriff  or  said  Depart- 
ment, as  the  case  may  be,  shall  also  furnish  to  the  officers  hold- 
ing any  primary  election  a  box  of  sufficient  size  to  hold  the 
ballots  cast  at  such  primary  election. 

1701.  Sec.  24.    Ballot  Boxes;    How   Placed;    Locked:— That 
part  of  the  ballot  box  composed  of  glass  shall  be  so  placed  dur- 
ing the  time  that  any  primary  election  is  in  progress  that  it  can 
be  seen  at  all  times  by  the  persons  on  the  outside  of  the  polling 
places.    The  lid  of  the  ballot  box  shall  be  securely  locked  dur- 


68 

ing  the  time  that  the  primary  election  is  being  conducted,  and 
shall  not  be  unlocked  until  the  polls  are  closed. 

1702.  Sec.  25.    Announcement  of  Votes;    Number   of    Cast; 
Public  Reading  and  Count  of  Votes;  Disposition  of  Ballots; 
Tally;  Announcement  of  Result:— At  the  time  for  closing  the 
polls  at  a  primary  election  held  under  the  provisions  of  this 
Chapter,  the  presiding  officer  shall  publicly  proclaim  in  a  clear 
and  distinct  voice  the  number  of  votes  that  have  been  cast  at 
such  primary  election  as  shown  by  the  poll  books  kept  by  the 
clerks.    After  closing  the  polls  at  a  primary  election,  the  pre- 
siding officer  and  judges  shall  openly  and  publicly  remove  the 
lid  of  the  box  containing  the  ballots.    The  ballots  shall  be  taken 
separately  from  the  box.    One  of  the  judges  shall  keep  in  his 
custody  the  said  box  while  the  other  judge  shall  publicly  in  the 
presence  of  the  watchers,  hereinafter  provided  for,  take  the 
ballots  one  by  one  from  the  box  and  read  the  same.    When  a 
ballot  shall  b.e  read  it  shall  be  submitted  to  each  of  the  other 
judges  for  inspection  and  put  in  the  oth^r  box  directed  to  be 
procured  in  Section  23  of  this  Chapter,  it  being  first  seen  that 
the  said  box  is  empty ;  two  Clerks  at  least  shall  keep  an  accur- 
ate account  of  the  ballots  as  they  are  read,  which  shall  be  done 
on  the  tally  sheets  hereinafter  provided  to  be  furnished,  by 
writing  the  name  of  every  person  voted  for  in  the  margin  un- 
der a  designation  of  the  office  for  which  the  vote  is  given  to 
him.    The  clerk  shall  make  a  distinct  mark  with  a  pen  and  ink 
in  the  row  opposite  such  name  for  every  vote  such  person  shall 
receive  for  the  same  office.    At  the  close  of  the  canvass  of  the 
ballots  cast  for  each  candidate,  the  inspector  shall  publicly  an- 
nounce the  vote  and  the  result  of  the  canvass. 

1703.  Sec.  26.    Tally  Sheets  and  Certificates;  Disposition  of 
Same  and  of  Ballots  and  Poll  Lists ;  Sealing  of  Box ;  Blank  Tal- 
ly Sheets,  Certificates,  Poll-Book  and  Stationery;   by  Whom 
Furnished;  Printed  Instructions: — After  having  counted    the 
ballots  cast  at  any  primary  election,  the  officers  holding  such 
election  shall  forthwith  fill  out  and  sign  two  tally  sheets  and 
two  certificates,  hereinafter  provided  to  be  furnished,  with  the 
number  of  votes  in  words  at  length  entered  thereon  that  have 
been  cast  for  each  and  every  candidate  at  such  primary  elec- 
tion, and  the  exact  time  that  said  canvass  was  completed.    One 
of  said  certificates,  together  with  one  of  said  tally  sheets  and 
one  poll  list,  shall  be  delivered  by  the  inspector  outside  of  the 
City  of  Wilmington,  on  the  first  secular  day  following  such 
primary  election,  to  the  chairman  of  the  regularly  organized 


69 

and  constituted  County  Committee  or  governing  authority  of 
the  political  party,  organization  or  association  holding  such 
primary  election.  One  of  said  certificates,  together  with  one 
of  said  tally  sheets  and  one  poll  list,  shall  be  delivered  by  the 
inspectors  in  the  City  of  Wilmington  to  the  Chairman  of  the 
regularly  organized  and  constituted  County  Committee  or  gov- 
erning authority  of  the  political  party,  organization  or  associ- 
ation holding  such  primary  election,  within  one  hour  from  the 
time  that  the  canvass  of  the  votes  has  been  completed.  The 
said  ballots,  after  having  been  counted,  shall  be  deposited  in 
the  box  furnished  for  that  purpose,  together  with  the  other  of 
said  certificates,  tally  sheets  and  poll  lists.  The  lid  of  said  box 
shall  be  secured  by  tape  crossed  and  sealed  in  sealing  wax  by 
one  of  the  judges  not  being  the  inspector,  and  shall  be  deliver- 
ed by  the  Inspector  on  the  first  secular  day  following  such  pri- 
mary election,  to  the  Sheriff  of  the  County,  who  shall  make 
such  disposition  of  the  same  as  the  regularly  organized  and 
constituted  County  Committee  or  governing  authority  of  the 
political  party,  organization  or  association  holding  such  pri- 
mary election  may  direct.  The  regularly  organized  County 
Committee  or  governing  authority  of  the  political  party,  organ- 
ization or  association  holding  any  primary  election  shall  fur- 
nish at  every  polling  place  in  the  county  where  a  primary  elec- 
tion is  to  be  held,  blank  tally  sheets,  blank  certificates,  blank 
poll  books  and  stationery  sufficient  for  the  use  of  the  officers 
holding  such  primary  election.  They  shall  also  furnish  to  the 
primary  election  officers  printed  instructions  of  the  parts  of 
this  Chapter  that  in  the  judgment  of  the  said  committee  is  nec- 
essary for  the  proper  performance  of  their  duties. 

1704.  Sec.  27.  Poll  Books;  How  Made;  Method  of  Voting; 
Record  Kept ;  Announcement  of  Number  of  Votes  Cast  at  any 
Time,  Upon  Request:— The  poll  books  used  at  any  primary 
election  shall  have  every  line  therein  numbered,  commencing 
with  the  figure  one,  and  continuing  serially.  On  offeringing 
to  vote  at  a  primary  election  the  voter  shall  deliver  to  the  pre- 
siding officer  a  single  ballot  containing  the  name  or  names  of 
the  person  or  persons  for  whom  he  desires  to  vote.  He  shall 
announce  his  name  and  residence,  and,  if  he  is  qualified  as 
heretofore  provided,  his  vote  shall  be  received  and  deposited 
in  the  ballot  box  having  the  glass  sides,  and  his  name  and  resi- 
dence entered  on  the  poll  book  on  the  line  directly  opposite  the 
first  unoccupied  number,  in  order  that  the  election  officers 
may,  at  any  time  during  the  progress  of  the  primary  election, 
know  the  exact  number  of  votes  that  have  been  cast.  The 


70 

election  officers  of  such  primary  election  shall  at  any  time  an- 
nounce to  any  person  who  is  in  the  act  of  voting  and  so  in- 
quiring, the  number  of  votes  that  have  been  cast  up  to  that 
time. 

1705.  Sec.  28.    Roped  or  Chained  Area  at  Voting  Window; 
Voters  Only  Allowed  Within  Enclosed  Area;  Violation  a  Mis- 
demeanor; Penalty: — The  Sheriff  of  the  respective  Counties 
shall  furnish  at  every  polling  place  where  a  primary  election  is 
held,  outside  of  the  City  of  Wilmington,  and  the  Department  of 
Elections  shall  perform  the  same  duty  in  the  City  of  Wilming- 
ton, two  pieces  of  rope  or  chain.    The  officers  holding  such  pri- 
mary election  shall  place  the  said  rope  or  chain  at  a  distance 
not  less  than  six  feet  on  either  side  of  the  window    or    door 
where  a  primary  election  is  held ;  the  said  rope  or  chain  shall 
be  at  least  twelve  feet  in  length,  and  shall  fie  at  least  twenty- 
four  inches  from  the  ground  and  shall  so  remain  during  the 
time  such  primary  election  is  in  progress.    No  person  shall  be 
permitted  to  be  on  the  inside  of  said  rope  or  chain  excepting 
to  cast  his  ballot,  after  which  he  shall  immediately  retire.   Any 
person  violating  the  provisions  of  this  Section  shall,  upon  con- 
viction thereof,  be  adjudged  guilty  of  a  misdemeanor,  and  shall 
for  every  such  offense  be  punished  by  a  fine  of  ten  dollars. 

1706.  Sec.  29.    Watchers;  Privileges  of;  Removal  for  Miscon- 
duct; Unlawful  Exclusion  of;  Misdemeanor;  Penalty: — Each 
candidate  for  nomination  at  any  primary  election  shall  have 
the  right  to  appoint  one  qualified  elector  as  watcher,  who  shall 
be  entitled  to  be  in  the  room  where  such  primary  election  is 
held,  from  the  commencement  to  the  close  of  such  primary  elec- 
tion and  signing  of  the  certificates  thereof.    If  any  person  ap- 
pointed watcher  shall  so  conduct  himself  as  to  interef  ere  with  the 
progress  of  any  primary  election  he  may,  upon  complaint  made 
by  the  primary  election  officers  to  the  chairman  of  the  regu- 
larly, organized  and  constituted  County  Committee  or  govern- 
ing authority  of  the  political  party,  organization  or  association 
holding  such  primary  election,  or  to  any  member  thereof  from 
the  Hundred  wherein  such  interference  occurs,  at  the  direction 
of  the  said  chairman  or  member  aforesaid,  be  removed  from 
the  room  where  such  primary  election  is  being  held,  and  the 
candidate  whose  representative  the  watcher  so  removed  was 
shall  be  without  representation  during  the  continuance  of  said 
primary  election.     If  any  person  shall  exclude  or  attempt  to 
exclude  any  elector,  except  in  the1  manner  hereinbefore  pro- 
vided, who  has  been  appointed  watcher,  from  the  room  where 


71 

any  primary  election  is  being  held,  he  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  misdemeanor,  and  shall  for 
every  such  offense  be  punished  by  a  fine  of  one  hundred  dol- 
lars, or  by  imprisonment  for  a  period  not  exceeding  ninety 
clays,  or  both. 

1707.  Sec.  30.  Challenges;  Election  Officers  Must  Decide; 
Oath  of  Voter;  Form  of ;  Ballot  Received,  or  Rejected,  When; 
Challenges  Shall  Not  Delay  Voting;  Challenging  Vote  for  De- 
lay, a  Misdemeanor ;  Penalty : — Any  recognized  member  of  the 
political  party,  organization  or  association  in  whose  interest 
any  primary  election  is  held,  may  challenge  the  right  of  any 
person  offering  to  vote  at  such  primary  election ;  and  the  board 
of  election  officers  holding  the  same  shall  determine  whether 
the  person  so  offering  is  entitled  to  vote,  and  shall  receive  or  re- 
ject such  vote,  as  the  evidence  for  or  against  the  right  of  the 
person  to  vote  shall  warrant.  The  officers  may,  of  their  own 
motion,  or  in  case  of  challenge  if  there  be  doubt  of  the  propri- 
ety of  receiving  the  offered  vote,  require  of  the  person  so  offer- 
ing to  vote,  liis  oath  or  affirmation,  which  shall  be  administered 
by  the  presiding  officer,  who  is  hereby  authorized  to  administer 
the  same  in  the  following  form,  viz :  "Do  you  solemnly  swear 
(or  affirm)  that  you  are  a  legally  qualified  voter  under  the 

rules  of  the party  authorizing 

this  primary  election ;  that  you  will  be  legally  qualified  to  vote 
at  the  following  election  for  which  candidates  are  now  being 
selected  to  be  voted  for ;  that  you  are  at  this  time  a  bona  fide 
resident  of  this  primary  election  district;  that  you  have  not 
voted,  or  you  will  not  vote  at  any  other  voting  place  this  day ; 
that  you  have  not  voted  or  you  will  not  vote  at  the  primary 
election  of  any  other  political  party,  organization  or  associa- 
tion held  for  the  purpose  of  nominating  or  selecting  candidates 
to  be  voted  for  at  the  ensuing  election,  so  help  you  God  (or  so 
you  solemnly  affirm)."  After  the  voter  has  taken  the  said  oath 
or  affirmation,  the  ballot  of  such  voter  shall  be  received  and 
deposited  in  the  ballot  box :  and  if  any  person  offering  to  vote 
at  any  primary  election  decline  to  make  the  oath  or  affirmation 
demanded,  his  vote  shall  be  rejected.  If  at  the  time  a  person 
proposes  to  vote  he  is  challenged  and  there  are  several  persons 
waiting  their  turn  to  vote,  said  challenged  person  shall  stand 
to  one  side  until  unchallenged  voters  have  had  an  opportunity 
to  vote,  when  his  case  shall  be  taken  up  and  disposed  of;  Pro- 
vided, that  if  any  person  shall  challenge  a  qualified  voter,  resi- 
dent of  such  primary  election  district,  well  known  as  a  mem- 
ber of  the  political  party,  organization  or  association  holding 


72 

such  primary  election,  for  the  purpose  of  annoying  or  delaying 
voters,  he  shall,  upon  conviction  thereof,  be  adjudged  guilty  of 
a  misdemeanor,  and  shall  for  each  and  every  such  offense  be 
punished  by  a  fine  of  one  hundred  dollars,  or  by  imprisonment 
for  a  period  not  exceeding  six  months,  or  both. 

1708.  Sec.  31.     Election  Officers;  Powers  of: — Each  of  the  of- 
ficers of  any  primary  election  is  clothed  with  the  powers  and 
duties  of  a  County  Constable,  and  is  required  to  see  that  good 
order  is  preserved  at  such  election,  and  may  arrest  and  present 
for  commitment  to  any  justice  of  the  peace  any  and  all  persons 
guilty  of  any  unlawful  conduct. 

1709.  Sec.  32.     Compensation  of  Primary  Election  Officers; 
How  Paid: — The  compensation  of  the  officeis  and  clerks  for 
holding  primary  elections  under  the  provisions  of  this  Chapter 
shall  be  two  dollars  and  fifty  cents  for  each  judge  and  clerk 
and  three  dollars  for  each  inspector  at  each  primary  election 
so  held.    The  expenses  for  holding  primary  elections  under  the 
provisions  of  this  Chapter,  including  stationery,  pay  of  officers 
and  clerks,  shall  be  paid  by  the   Levy    Court    of   the    county 
wherein  such  primary  election  is  held  to  nominate  persons  to 
be  voted  for  at  a  subsequent    general   election,    and   by    The 
Mayor  and  Council  of  Wilmington  in  any  year  when  a  primary 
election  is  held  in  the  City  of  Wilmington  to  nominate  officers 
to  be  voted  for  at  the  subsequent  municipal  election  in  the  said 
City. 

1710.  Sec.  33.    Removal  of  Election  Officer ;  When ;  by  Whom ; 
Substitutes: — If  any  person  appointed  to  hold  a  primary  elec- 
tion shall  conduct  such  election  in  violation  of  any  of  the  pro- 
visions of  this  Chapter,  the  regularly  organized  and  constitut- 
ed County  Committee  or  governing  authority  of  the  political 
party,  organization  or  association  holding  such  primary  elec- 
tion is  empowered  and  directed  to  remove  such  officer  or  offic- 
ers and  substitute  others  in  their  stead,  and  the  person  so  sub- 
stituted shall  take  the  oath  or  affirmation  prescribed  by  Sec- 
tion 5  of  this  Chapter,  which  said  oath  or  affirmation  shall  be 
administered  by  any  qualified  inspector  or  judge,  who  is  auth- 
orized to  administer  the  same. 

1711.  Sec.  34.    Nominees;   Vacancies;   How   Filled:— In   all 
cases  the  candidate  receiving  the  highest  number  of  votes  shall 
be  declared  the  nominee  of  the  political  party,  organization  or 
association  holding  such  primary  election.     In  case  of  death, 
resignation  or  removal  of  any  candidate  subsequent  to  a  nom- 


73 

ination,  the  political  party,  organization  or  association  in  which 
such  vacancy  exists,  shall  provide  the  manner  in  which  such 
vacancy  shall  be  filled. 

1712.  Sec.  35.    Nominee;  How  Ascertained;  by  Whom;  Tie 
Votes;  Contests;  How  and  by  Whom  Decided;  Form  of  Pro- 
ceedings ;  Oath  of  County  Committee  &c ;  Failure  to  Faithfully 
Discharge  Duties;  Misdemeanor;  Penalty:— The  regularly  or- 
ganized and  constituted  County  Committee  or  governing  auth- 
ority of  the  political  party,  organization  or  association  holding 
any  primary  election,  is  empowered  to  calculate  the  aggregate 
number  of  all  the  votes  that  shall  have  been  cast,    in   all   the 
Hundreds  or  Districts  of  the  County  or  any  subdivisions  there- 
of, for  every  person  voted  for  for  any  one  office  at  such  pri- 
mary election,  and  to  declare  the  candidate  or  candidates  in 
cases  where  candidates  for  more  than  one  office  are  to  be  nom- 
inated, receiving  the  highest  number  of  votes,  the  nominee  or 
nominees  of  such  political  party,  organization  or  association, 
for  the  office  for  which  he  was  voted  for  at  such  primary  elec- 
tion.   In  all  cases  of  a  tie  vote  or  of  contests,  the  regularly  or- 
ganized and  constituted  County  Committee  or  governing  auth- 
ority of  the  political  party,  organization  or  association  holding 
such  primary  election  shall  have  the  power  to  hear  and  deter- 
mine such  contests,  and  to  decide  who  shall  be  entitled  to  the 
nomination.     The  proceedings  in  such  cases  shall  be  in  such 
form  and  manner  as  the  said  committee  or  governing  authority 
shall  determine  upon.    Before  entering  upon  the  discharge  of 
the  duties  set  forth  in  this  Section,  the  members  of  the  commit- 
tee or  governing  authority  aforesaid  shall  be  sworn  by  a  No- 
tary Public  to  faithfully  and  honestly  discharge     the     duties 
herein  imposed :  the  failure  upon  the  part  of  any  member  of  the 
said  committee  or  governing  authority  to  discharge  such  du- 
ties faithfully  and  honestly  shall  be  deemed  a  misdemeanor, 
and  the  person  so  offending  shall  upon  conviction  thereof,  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars,  and  be  imprisoned  for  a  period  of  not  less  than 
sixty  days  nor  more  than  one  year. 

1713.  Sec.  36.    Ballots;  by  Wliom  and  When  Printed;  Form 
of ;  How  Voted ;  Notice  of  Candidacy : — The  ballots  used  at  any 
primary  election  shall  be  printed  by  the  regularly  organized 
and  constituted  County  Committee  or  governing  authority  of 
the  political  party,  organization  or  association  holding  such 
primary  election.    The  names  of  all  candidates  for  nomination 
for  the  same  office  shall  be  placed  under  the  title  of  said  office, 


74 

the  surname  of  candidates  to  be  placed  in  alphabetical  order, 
and  shall  not  be  separated  one  from  another  by  any  other  mat- 
ter. Where  there  are  several  candidates  for  the  nomination 
for  the  same  office,  the  elector  shall  indicate  his  choice  by  cross- 
ing out  the  name  of  all  the  candidates  except  those  for  whom 
he  desires  to  vote,  and  in  case  an  elector  has  omitted  to  cross 
out  the  names  on  his  ballot  as  aforesaid,  the  said  ballot  shall 
not  be  counted  for  any  such  candidate  or  candidates.  Any 
person  desiring  to  be  voted  for  as  a  candidate  for  nomination 
at  any  primary  election  shall  notify  the  regularly  organized 
and  constituted  County  Committee  or  governing  authority  of 
the  political  party,  organization  or  association  of  which  he  is 
a  member,  in  writing  of  such  desire  at  least  ten  days  before 
such  primary  election  is  to  be  held.  The  said  ballots  shall  be 
printed  and  ready  for  distribution  at  least  five  days  before  the 
day  of  such  primary  election. 

1714.  Sec.  37.     Chapter  Not  to  Apply  to  Primary  Elections 
for  Delegates  to  State  Convention ;  When ;  Such  Primary  Elec- 
tions at  Expense  of  County  Committee,  &c;  Primary  Elections 
for  Delegates  to  County  or  City  Conventions;   Expense  How 
Paid: — The  provisions  of  this  Chapter  shall  not  apply  to  any 
primary  election  held  for  the  election  of  delegates  to  any  State 
convention  called  for  the  purpose  of  electing  delegates  or  repre- 
sentatives to  any  national  or  State  political  convention;  pro- 
vided, however,  that  the  regularly  organized  County  Commit- 
tee or  governing  authority  of  the  national  or  State  political 
party,  organization  or  association  by  or  for  which  the  primary 
election  is  held  for  the  election  of  delegates  to  any  State  con- 
vention held  for  the  election  of  delegates  to  any  national  or 
State  political  convention,  shall  bear  the  expense  of  conducting 
such  primary  election  as  set  forth  in  this  Section;  provided, 
further,  that  the  said  governing  authority  ordering  or  issuing 
the  call  for  a  primary  election  to  elect  delegates  or  representa- 
tives to  any  County  or  City  convention,  shall  bear  all  the  ex- 
pense incurred  by  reason  of  such  election. 

1715.  Sec.  38.    Sale  of  Intoxicating  Liquors  on  Day  of  Pri- 
mary Election,  Not  Prohibited: — The  laws  now  in  force  pro- 
hibiting the  sale  of  intoxicating  liquors  on  the  day  of  any  gen- 
eral, special  or  municipal  election  are  excepted,  and  shall  not 
apply  to  any  election  contemplated  by  this  Chapter. 


75 


CHAPTER  59. 
INSPECTORS  OF  ELECTIONS. 

Sec.     1.     Inspectors     outside     of   Sec.     3.     Unqualified        inspector 
Wilmington;       election  elected;    office    vacant; 

vacancy  how  filled, 
of;  vacancies. 

Sec.     4.     Exemption     from     jury 
Sec.     2.     Inspectors   in   Wilming-  and  military  duty;  per. 

ton;  appointment ;  qual-  sons  so  exempt  not  re- 

ifications;    examination  quired  to  serve  as  in- 

of;     certificate    of    ap-  spector. 
pointment;  terms  of  of- 
fice;   removal  from  of-    Sec.     5.     In  Wilmington,  inspect- 

fice;    failure  to  qualify  ors     not     required     to 

to  create  vacancy;   va-  serve    for    two   succes- 

cancies;  organization.  sive  terms. 

1716.  Sec.  1.  Inspectors  Outside  of  Wilmington;  Election 
of ;  Vacancies : — Inspectors  of  Election  for  the  several  Election 
Districts  in  this  State  (outside  of  Wilmington  Hundred)  shall 
be  elected  in  the  Districts  aforesaid  from  among  the  qualified 
electors  of  each  of  said  Districts  by  the  qualified  electors  there- 
of in  the  Districts  aforesaid,  at  the  General  Election,  biennially, 
at  the  same  time  and  in  the  same  place  as  appointed  by  law 
for  holding  the  General  Election;  the  said  Inspectors  shall  be 
voted  for  upon  the  same  ballots  voted  for  other  officers  at  said 
election. 

In  case  of  any  vacancy  among  said  Inspectors  by  death, 
lesignation,  removal  out  of  the  Hundred  or  Election  District, 
lefusal  to  serve,  or  otherwise,  the  Governor  shall  appoint  some 
qualified  voter  of  the  Election  District  in  which  such  vacancy 
occurs,  to  be  the  Inspector  thereof,  who  shall  have  all  the 
powers  and  perform  all  the  duties  given  to  and  imposed  upon 
Inspectors  of  Election.  If  from  any  cause  such  vacancy  ex- 
ists at  the  time  of  holding  said  general  election,  the  provisions 
of  Section  28  of  Chapter  Sixty  shall  apply. 


76 

1717,  Sec.  2.  Election  Officers  in  Wilmington;  Appointment; 
Qualifications;  Examination  of;  Certificate  of  Appointment; 
Terms  of  Office;  Removal  from  Office;  Failure  to  Qualify  to 
Create  Vacancy ;  Vacancies : — The  Department  of  Elections  for 
the  City  of  Wilmington  shall,  at  the  same  time  when  they  are 
required  by  law  to  appoint  registration  officers,  and  from  the 
lists  furnished  them  by  the  City  Executive  Committees  of  the 
two  leading  political  parties,  as  provided  by  Section  9  of  Chap- 
ter 57,  select  and  appoint  for  each  Election  District  in  said 
City  three  persons  as  Election  Officers,  who  shall  become  In- 
spector and  Judges  of  Election  as  hereinafter  provided,  which 
three  persons  shall  be  the  same  persons  who  are  appointed 
Registrar  and  Assistant  Registrars  for  said  Election  District. 
Every  person  so  selected  to  be  such  Election  Officer  shall,  on 
receipt  of  notice  thereof,  appear  within  ten  days  thereafter, 
before  said  Department,  for  the  purpose  of  examination,  and 
if  found  qualified  shall,  unless  excused  by  said  Department  by 
reason  of  ill  health  or  other  good  and  sufficient  cause,  be  bound 
to  serve  as  such  officer  at  every  election  for  the  term  for  which 
he  is  appointed.  The  failuie  on  the  part  of  any  such  person  to 
present  himself  for  examination  within  the  time  prescribed, 
or  to  comply  with  any  of  the  requirements  of  this  section  pre- 
liminary to  receiving  his  certificate  of  appointment,  or  to  at- 
tend on  the  day  of  any  election  during  his  term,  unless  pre- 
vented by  sickness  or  other  sufficient  cause,  the  burden  of  proof 
of  which  shall  be  upon  the  delinquent,  shall  be  deemed  a  refusal 
to  comply  with  the  requirements  of  this  section  or  to  serve  or 
to  act  as  election  officer  within  the  meaning  of  this  section. 
The  Department  of  Elections  shall  deliver  a  certificate  of 
appointment  to  whomsoever  shall  be  nominated,  approved  and 
sworn  into  office  by  it  as  such  election  officer,  said  certificate 
to  be  in  such  form  as  shall  be  prescribed  by  such  Department 
of  Elections,  specifying  the  Election  District  in  and  for  which 
the  person  to  whom  the  same  is  issued  is  appointed  to  serve, 
and  the  date  of  the  expiration  of  his  term  of  office.  The  per- 
sons so  appointed  Election  Officers  under  the  provisions  of  this 
section  shall,  respectively,  hold  office  for  the  term  of  two  years 
unless  sooner  removed  for  want  of  requisite  qualifications  or 
for  cause ;  in  either  of  which  cases  such  removal,  unless  made 
while  such  Election  Officers  are  actually  on  duty  on  a  day  of 
election  and  for  improper  conduct  as  an  Election  Officer,  shall 
only  be  made  after  notice  in  writing  to  the  officers  sought  to 
be  removed,  which  notice  shall  set  forth  clearly  and  distinctly 
the  reasons  for  his  removal.  Any  person  appointed  to  fill  any 


77 

vacancy  shall  serve  for  the  unexpired  term  of  the  person 
whose  office  he  is  appointed  to  fill.  The  neglect  or  refusal  of 
any  person  so  appointed  Election  Officer  as  aforesaid  to  appear 
and  qualify  as  such  Election  Officer  within  the  time  herein 
prescribed  shall  be  deemed  to  create  a  vacancy  in  said  office. 

Said  Department  of  Elections  shall  have  power  to  dismiss  any 
such  Election  Officer  at  any  time  and  supply  his  place  with  an- 
other person  and  to  make  all  necessary  removals  and  transfers 
of  said  Election  Officers  and  fill  all  vacancies  which  from  any 
cause  may  occur.  Whenever  from  any  cause  there  shall  exist 
a  vacancy  in  the  office  of  such  Election  Officer,  a  person  shall 
be  appointed  to  fill  such  vacancy  from  the  unused  names,  if 
any  there  be,  upon  the  list  so  furnished  said  Department  of 
Elections  as  aforesaid  by  the  political  party  from  which  the 
said  Department  of  Elections  made  the  appointment  for  the 
office  so  become  vacant. 

Said  Election  Officers,  when  they  have  met  on  the  day  of 
holding  any  general  or  special  election  at  the  place  disignated 
for  holding  such  election  in  their  respective  election  districts, 
shall  organize  as  a  Board  by  selecting  one  of  their  number  to 
act  as  Chairman,  but  in  case  of  failure  to  so  organize  by  the 
time  fixed  for  the  opening  of  the  polls  in  such  District,  the 
Chairman  shall  be  selected  by  lot.  After  such  organization  the 
Election  Officer  so  selected  as  Chairman  of  said  Board  of  Elec- 
tion Officers  shall  be  the  Inspector  of  Elections  of  said  Election 
District,  and  the  remaining  two  Election  Officers  shall  respect- 
ively be  the  Judges  of  Election  of  said  Election  District. 

1718.  Sec.  3.    Unqualified  Inspector  Elected;  Office  Vacant; 
Vacancy  How  Filled : — If  any  person  who  shall  be  elected,  ap- 
pointed and  certified  as  Inspector  of  Election  shall  not  have 
been  capable  of  being  elected  or  appointed  to  such  office,  the 
office  shall  be  deemed  vacant;  and  an  Inspector  shall  be  ap- 
pointed to  fill  such  vacancy  in  the  same  manner  as  if  the  per- 
son elected  or  appointed  had  died  after  his  election  or  appoint- 
ment. 

1719.  Sec.  4.    Exemption  From   Jury   and   Military   Duty; 
Persons  so  Exempt  Not  Required  to  Serve  as  Inspector: — In- 
spectors of  Election,  during  the  time  they  hold  such  office,  shall 
be  exempt  from  the  performance  of  military  duty,  and,  when  in 
the  actual  discharge  of  the  duties  of  their  office,    from   jury 
duty,  and  no  person  who,  by  the  laws  of  this  State,  is  exempt 
from  jury  duty,  shall  be  required  to  serve  as  an  Inspector. 


78 

1720.  Sec.  5.  In  Wilmington,  Inspectors  Not  Required  to 
Serve  for  Two  Successive  Terms : — In  the  City  of  Wilmington, 
no  person  shall  be  required  to  serve  as  an  Inspector  of  Election 
for  two  successive  terms. 


ARTICLE 


CHAPTER  60. 
GENERAL  ELECTIONS. 

I.     GENERAL   PROVISIONS— Sections  1  to  95. 


ARTICLE     II.     SPECIAL   ELECTION  FOR  GENERAL  ASSEMBLY— 
Sections  96  to  104. 


ARTICLE    III. 


MILITARY     INTERFERENCE  WITH   ELECTIONS— 
Sections  105  to  116. 


ARTICLE  IV.  EXERCISE  OF  RIGHT  OF  SUFFRAGE  BY  ELECT- 
ORS IN  MILITARY  OR  NAVAL  SERVICE 
— Sections  117  to  134. 

GENERAL  ELECTIONS— Article  1. 


General  Provisions. 

Sec.     1.     Political   party   defined;    Sec.     3. 
certificate  of  number  of 
votes;      clerk     of     the 
peace      may     demand; 
principal  political  par-    Sec.     4. 
ties  defined. 

Sec.  2.  Ballots;  printing;  cer- 
tification of  nomina-  Sec.  5. 
tions  and  party  device; 
what  device  may  be 
adopted ;  two  parties 
may  not  adopt  same  de- 
vice; counter  claims  Sec.  6. 
for ,  how  decided; 
death,  resignation  or 
removal  of  candidate; 
subsequent  certificates. 


Certificates  of  nomina- 
tions; time  of  filing; 
how  long  kept. 

Publication  of  nomina- 
tions; how;  how  ar- 
ranged; what  excluded. 

Ballots;  printing  by 
clerk  of  the  peace; 
size;  form;  style;  col- 
or; arrangement. 

Death,  removal  or  res- 
ignation of  candidates 
after  printing  of  bal- 
lots; new  nominations; 
pasters  &c;  clerks  of 


79 


election     to     place     on 
each  ballot 

Sec.  7.  Printer  of  ballot  and 
envelope;  duty  of;  vio- 
lation; misdemeano  ; 
penalty. 

Sec.  8.  Ballots:  number  to  be 
printed;  how  distribut- 
ed; packages  of;  num- 
ber of  voters  Low  as- 
certained; additional 
ballots  printed;  when; 
pencils  or  crayons  and 
rubber  bands  furnish- 
ed; envelopes;  number 
of;  how  distributed. 


Sec.  12.  Neglect  or  refusal  of 
clerk  of  the  peace  to 
perform  duties;  misde- 
meanor; penalties. 

Sec.  13.  Ballots  left  over;  de- 
struction by  Clerk  of 
the  Peace;  when. 

Sec.  14.  Fraudulent  destruction 
&c.  of  certificate  of 
nomination;  forgery  of 
official  endorsement  on 
ballot  or  envelope; 
printing  or  circulation 
of  imitation  of  ballot  or 
envelope;  misdemean- 
ors; penalties. 


Sec.     9. 


Sec.  10. 


Sec.  11. 


Inspectors  outside  of  Sec.  15. 
Wilmington;  ballots, 
envelopes,  pencils  and 
rubber  bands,  how  to 
procure ;  from  whom ; 
when;  safe  keeping;  on 
default  of  so  procuring, 
Clerk  of  the  Peace  to 
deliver  to  whom;  how  Sec.  16. 
and  to  whom  delivered 
in  Wilmington;  duty  of 
department  of  election 
as  to. 


Sec.  17. 


Breaking  packages  con- 
taining ballots,  envel- 
opes, &c,  before  open- 
ing of  election;  misde- 
meanor ;  penalty. 

Loss  or  destruction  of 
ballots  or  envelopes ; 
new  supply;  duty  of 
election  officers  when 
no  ballots  or  means  of 
voting  at  election;  de- 
faults; penalties. 


Sec.  18. 


Ballot  boxes  and  tally 
lists;  duty  of  Sheriff  as 
to;  compensation  of  In- 
spector or  trusty  per- 
son for  delivery  of 
packages  cont  a  i  n  i  n  g 
ballots  &c. 

Instruction  cards;  print 
ing  and  posting  of; 
form  of. 

Election  districts;  boun- 
daries; polling  places; 
Wilmington;  New  Cas- 
tle County  outside  of 

Wilmington ;  Kent  Coun- 
ty; Sussex  County. 

Room  for  holding  elec- 
tions; inspector  to  pro- 
vide; location;  plan  of; 
entrance ;  change  of 
voting  place;  notice; 
furniture;  booths,  duty 
of  department  of  elec- 
tion as  to. 


80 


Sec.  19.  Assistance  to  voters 
physically  unable  t  o 
exercise  franchise; 
feigning  physical  de- 
fect a  misdemeanor;  Sec.  28. 
penalty;  disclosing  na- 
ture of  vote  a  misde- 
meanor; penalty. 


tion;  notice  of  by  in- 
spector ;  advertise- 
ments. 

Absence  of  inspector; 
who  to  hold  election; 
duty  of  Registrar  and 
Alternate  Registrar. 


Sec.  20.     Challengers;       appoint-    Sec.  29. 
ment;   duties;    powers; 
resisting  challengers  a 
misdemeanor;    penalty. 

Sec.  21.  Special  officers  at  en- 
trance of  polling  place; 
duties;  powers;  resist- 
ing a  misdemeanor ; 
penalty.  Sec.  30. 

Sec.  22.     Sheriff  to  deliver  ballot 

boxes;   list  of  officers;    Sec.  31. 
tape;  sealing  wax;  cer- 
tificates ;      tally     lists ; 
direction;   blank  forms 
of     oaths;     outside     of 
Wilmington;   depart-    Sec.  32. 
ment  of  elections,  sim- 
ilar   duties    of   in   Wil- 
mington. 


Sec.  23. 


Ballot   boxes; 
tion  ot. 


descrip-    Sec.  33. 


Sec.  24.     Tally  lists. 

Sec.  25.  Certificates  of  election; 
form  of;  filling  blanks 
in. 

Sec.  26.     Oath    of    election    offic- 
.      ers;    form;      certificate 
of  qualification;     form; 
filling  in  blanks. 

S*c.  27.     Time  and  place  of  elec- 


Sec.  34. 


Sec.  35. 


Inspector  to  be  judge 
and  presiding  officer; 
other  judges  how  chos- 
en; alternate  judge  to 
act  when;  absence  of 
judges;  who  to  act; 
substitutes  of  same  po- 
litical party. 

Refusal  of  judge  of  elec- 
tion to  serve;  penalty. 

Oath  of  judge;  how  ex- 
ecuted and  adapted; 
certificate  of  qualifica- 
tion; signing  of. 

Clerks  of  the  election; 
how  chosen;  oath; 
form  of;  additional 
clerks;  oath. 

Ballot  boxes;  examina- 
tion of;  key;  to  whom 
delivered;  by  whom 
kept. 

Election  room;  what  of- 
ficers shall  be  in;  oth- 
ers not  admitted;  oth- 
ers entering;  misde- 
meanor ;  penalty. 

Election  room;  what  of- 
ficers allowed  in;  oth- 
ers entering;  interfer- 
ence; molestation;  dis- 


81 


turbance;  delay;  mis-  Sec.  42. 
demeanors;  penalty;  re 
presentative  of  each 
party  may  be  present 
at  opening;  retirement, 
when.  Sec.  43. 

Sec.  36.  Hour  of  opening  elec- 
tion; by  whom. 

Sec.  37.  Clear  space  of  thirty 
feet  at  entrance  of  poll- 
ing place;  position  of 
challengers ;  how  vot- 
ers shall  enter;  chal- 
lengers; unlawful  en- 
try on  thirty  foot  space  Sec.  44. 
or  within  railing  lead- 
ing to  election  room; 
misdemeanor ;  penalty. 

Sec.  38.  Secreting  person  in  elec- 
tion room;  misdemean- 
or; penalty. 

Sec.  39.     Removal  or  destruction    gec   45 
of     election     supplies; 
tearing  down  or  defac- 
ing instruction     cards;    Sec.  46. 
destruction  or  removal 
of   booth     or     railing; 
misdemeanors;      penal- 
ty. 

Sec.  40.     Disclosure    by    election 

officer,  how    elector  vot-    Sec.  47. 
ed    or    appearance    of 
ballots     or     envelopes; 
misdemeanor ;    penalty. 

Sec.  41.     Intimidation,  persuasion, 

bribery,   &c.    of   voters    gee.  48. 
by  election  officer;  vio- 
lation of   official   oath; 
perjury;    penalty;    sec- 
tion printed     on     oath    Sec.  49. 
blanks. 


Inducing  the  making  of 
distinguishing  mark  on 
ballot;  misdemeanor; 
penalty. 

Election  officers;  induc- 
ing to  violate  provi- 
sions of  Chapter;  mis- 
demeanor; penalty;  du- 
ty of  inspector  to  read 
to  election  officers  sec- 
tions 42  and  43;  viola- 
tion of  provisions  of  a 
violation  of  official 
oaths. 

Ballots  and  envelopes; 
opening  packages;  de- 
posit of  ballots  in 
booths ;  delivery  o  f 
twenty-five  envelopes 
to  clerk;  signing  of  en- 
velopes ;  delivery  to 
elector. 

What  envelopes  not  de- 
posited. 

Number  of  persons  in 
booth  or  voting  room 
at  one  time;  conversa- 
tion or  communication 
only  with  what  per- 
sons. 

Admission  of  voter  to 
election  room;  method 
of  voting;  conduct  of 
election  officers  and 
electors. 

Ballots ;  how  obtained 
and  marked  before  elec- 
tion. 

Ballots;  how  marked; 
rules  for  counting. 


82 


Sec.  50.  Distinguishing  marks;  Sec.  57. 
when  ballots  not  count- 
ed; disputed  envelopes 
and  ballots  how  pre- 
served; unused  envel- 
opes destroyed;  count- 
ed ballots  and  envel- 
opes, how  disposed  of; 
ballots ;  how  counted 
and  disposed  of. 


Sec.  58. 


Sec.  51.  Defaced  or  mutilated 
ballot  or  envelope  re- 
placed; poll  clerk  to 
take  a  minute  of.  gec.  59. 


Sec.  52.  Voting;  entry  of  names 
of  voters  &c;  ballots 
not  examined;  deposit- 
ing ballot. 

Sec.  53.  Ballots  not  received; 
reasons  for;  challeng- 
es ;  determination  of 
objection ;  bribery; 
oath ;  conclusive  evi- 
dence; book  of;  deliv- 
ery of  book. 


Delivery  of  certificates 
and  ballot  box;  to  pro- 
thonotary;  to  court; 
duty  of  court;  canvass 
of  election;  board  of 
canvass ;  how  consti- 
tuted; powers;  opening 
ballot  boxes. 

Death,  sickness  or  acci- 
dent of  or  to  presiding 
election  officer;  send- 
ing of  certificates,  &c. 

Certificates  of  result; 
sealing;  endorsement; 
delivery  of  ballot  boxes 
to  Sheriff. 


Sec.  60.     Form  of  certificates. 


Sec.  61. 


Sec.  62. 


Sec.  63. 


Sec.  54. 


Closing  election;  procla- 
mation. 


Sec.  55.  Counting  of  votes;  ac- 
count how  kept;  count- 
ing to  be  uninterrupt- 
ed. 


Sec.  64. 


Sec.  56.  Certificates  of  result; 
signing;  form;  placed 
in  envelopes;  entry  on 

envelopes;    election  of-    <-        ._ 
sec.  DO. 
ficers     to     write    their 

names  on  the  sealing; 
tally  lists;  signing;  de- 
posit;     securing    and    Sec.  66. 
sealing  lid  of  box;  cus- 
tody of  certificates. 


Tie  votes;  certificate  of 
delivered  to  Governor. 

Certificates  of  election; 
delivery  of. 

Oaths,  poll  lists,  regis- 
ter and  book  of  regis- 
tered voters ;  delivery 
by  inspectors  to  Clerk 
of  the  Peace  after  the 
election. 

Sheriff  to  preserve  bal- 
lot boxes  &c;  delivery 
thereof  to  his  succes- 
sor. 

Power  of  Senate  and 
House  to  compel  deliv- 
ery of  ballot  boxes. 

Duty  of  Governor;  to 
examine  returns;  to  is- 
sue certificates  of  elec- 


83 


tion:    to    m:ik«>    procla-    Sec.  76.     failure   of   inspector   to 
maiion   of  state  of  the  perform    duties;    viola- 

vote  tion  of  official  duty. 


Sec.  67.     Violations     of     Chapter,    Sec.  77. 
no i    on  rovided 

for.  i>  v  certain  officers; 
misdemeanor;     penalty. 

Sec.  68.     Bribery       of     expectant 
election  or  registration 
officer;      misdemeanor;    Sec.  78. 
penalty. 

Sec.  69.  Intimidation  &c.  of  elec- 
tors by  corporations 
&c;  action  by  elector. 


Election  officers;  false- 
ly counting  or  certify- 
ing vote;  defacing,  de- 
stroying or  concealing 
certificate  of  vote;  vi- 
olations of  official  duty. 

Fraudulent  deposit  of 
ballots  by  election  offic- 
er in  ballot  box;  viola- 
tion of  official  duty;  by 
other  persons,  a  mis- 
demeanor; penalty. 


Sec.  70.     Election    officers    defin-  Sec.  79.     Wilful  neglect    of    duty 

ed;   officers   conducting  &c.  by  election  officers; 

election;     majority     to  violation  of  official  du- 

control.  ty. 


Sec.  71. 


Sec.  72. 


Election  officers;  pow-  Sec.  80. 
ers ;  lawful  commands 
of  inspector  to  be  obey- 
ed; disobedience  a  mis- 
demeanor; penal-ty; 
powers  of  inspectors  of 
election  in  Wilmington. 


Sec.  81. 


Compensation 
tion  officers. 


of    elec- 


Sec.  73.     Political      discussion   in 

polling  place     in     Wil-    Sec.  82. 
mington    proh  i  b  i  t  e  d ; 

penalties. 

Sec.  83. 

Sec.  74.  Fraudulent  voting;  mis- 
demeanor; penalty. 

Sec.  84. 

Sec.  75.  False  entries  by  poll 
clerks;  violation  of  of- 
ficial duty.  Sec.  85. 


Stealing  or  secreting 
records,  registers  &c; 
by  election  officer,  a  vi- 
olation of  official  duty; 
by  other  persons,  a 
misdemeanor;  penalty. 

Advising,  abetting  or 
procuring  offenses  nam- 
ed in  section  80;  mis- 
demeanor; penalty. 

Perjury;  subornation  of 
perjury. 

Tampering  with  ballots 
or  voters;  misdemean- 
or ;  penalty. 

Disobeying  inspectors; 
misdemeanor ;  penalty. 

Breach  of    peace;     vio- 


84 

lence;  threats  &c;  mis-  dence  of  honest  belief, 
demeanor ;    penalty. 

Sec.  90.     Prosecutions     by  Attor- 

Sec.  86.     Interference   with   elec-  ney  General;     duty  to 

tion    officers;       misde-  inform  him     of     viola- 

meanor;  penalty.  tions. 

Sec.  87.     Neglect  or     refusal     by    gec>  91.     plurality  elects, 
inspector  of  duties  pre- 
scribed  in   section   71;    gec  92     Residence;  rule  as  to. 
violation  of  official  du- 

Sec.  93.     Liability  of  stakeholder 

Sec.  88.     Stealing    or    destroying  for  ^^  election  bet 
ballot  box,  ballot,  poll 

list  &c;   misdemeanor;    Sec.  94.     Organized  militia;    call- 
penalty.                       -  ins  °ut  of;  when  un- 

lawful;  penalty. 

Sec.  89.     Defects  in  mode  of  elec- 
tion, no     defense;     ac-    Sec.  95.     Election  expenses;   how 
cused    may    give    evi-  paid. 


GENERAL  ELECTIONS— Article  2. 
Special  Election  for  General  Assembly. 

Sec.  96.    Vacancies     in     General  spectors;       by     whom, 

Assembly;      writs      of  how  and  when  filled, 

election  to  fill. 

Sec.  101.  Notice  of  special     elec- 

Sec.  97.    Vacancy  in  Senate;  writ  tion   by    Sheriff   to   in- 

of  election  to  fill ;  when,  spectors ;  notice  by  in- 

by  whom  and  how  exe-  spectors. 

cuted. 

Sec.  102.  Election  officers  for  spe- 

Sec.  98.    Vacancy  in  House ;  when  cial     election;     vacan- 

.     writ  of  election  not  to  cies,  how  filled, 

issue. 

Sec.  103.  General     election     laws 

Sec.  99.     Proclamation  of  special  applicable, 

election ;      posting     by 

Sheriff.  Sec.  104.  Board  of  Canvass;   how 

constituted;  duties  how 
Sec.  100.  Vacancies      among     in-  performed. 


85 

GENERAL  ELECTIONS— Article  3. 
Military  Interference  With  Elections. 

Sec.  105.  Bringing  armed  soldiers  under  sections  108  ind 

into   State  to  interfere  109. 

with  elections;   felony; 

penalty.  Sec.  111.  Elector  prevented  vot- 
ing at  regular  voting 

Sec.  106.  Abetting  or  counselling  place;  where  and  how 

military       interference  h®  may  vote- 

with  elections;   felony; 

penalty.  Sec-  112-  Duty  of  inspector  for 

special  polls  as  to  re- 
Sec.  107.  Administering  oaths  as  turn  of  election- 

pre-requisite   of  voting 

not  authorized  by  Con-  Sec«  113'  Duty  of  Superior  °ourj 

stitution     or     laws     of  Slttmg     as     Board     of 

State;   misdemeanor; 

Sec.  114.  Court  acting  as     Board 
of  Canvass  may  choose 

Sec.  108.  Voter     interfered     with  place  of  meeting;  when, 

by  military  power  &c; 
civil  remedy.  gec    n5    Number     of     polls     not 

limited  to  two  in  each 

Sec.  109.  Citizens  to     make     dis-  district, 

closures;   failure;  pen- 

alty.  Sec.  116.  Clerk  of  election;  oath; 

compensation  of  inspec- 
Sec.  110.  Limitation  of  actions  tors  and  clerks. 

GENERAL  ELECTIONS— Article  4. 
Exercise  of  Right  of  Suffrage  by  Electors  in  Military  or  Naval 

Service. 

Sec.  117.  Right  to  Vote.  Sec.  121.  Oath  of  officers. 

Sec.  118.  Poll  for  receiving  votes ;    Sec.  122.     Elections     by     ballot; 
where  opened;  who  en-  challenge, 

titled. 

Sec.  123.  Poll  lists;  entries. 
Sec.  119.  Hours  of  voting. 

Sec.  124.  Duty  of  election  officers 

Sec.  120.  Election  officers;     elec-  in  receiving  and  depos- 

tion  and  appointment  iting  ballot. 


86 

Sec.  125.  Counting  votes;  signing  Sec.  130.  Registration    officers    to 

lists  &c.  keep  separate     lists  of 

names  returned  by  aux- 

Sec.  126.  Ballots ;    c  1  a  s  s  i  fl  e  d ;  iliary  registrar ;     clerk 
counted;  certified;  car- 
ed    for;     delivered     to 
prothonotary. 

Sec.  127.  Delivery     to     Board    of  Sec.  131.  Election    messenger; 

Canvass.  commission;  oath. 


of  the  peace  to  furnish 
copies  &c. 


Sec.  128.  Appointment  of  persons 
to  visit  camps  with  bal- 
lots &c;  duties  of. 


Sec.  132.  Violation       of     election 


laws  ;  penalty. 


gec 


Compensation    of    mes- 
senger. 
/    Sec.  129.  Style   of  ballots     us<3d; 

list  of  nominees.  Sec.  134.  Double  ballots. 


GENERAL  ELECTIONS— Article  1. 
General  Provisions. 

1721.  Sec.  1.  Political  Party  Defined;  Certificate  of  Number 
of  Voters;  Clerk  of  the  Peace  May  Demand;  Principal  Political 
Parties  Defined : — A  political  party  within  the  meaning  of  this 
Chapter  shall  be  an  organization  of  bona  fide  citizens  and  vot- 
ers of  any  County  in  this  State,  which  shall  by  means  of  a  con- 
vention, primary  election  or  otherwise,  nominate  candidates 
for  public  offices  to  be  filled  by  the  people  at  any  general  or 
special  election  within  the  State.  No  organization  shall  be  re- 
garded as  a  political  party  that  does  not  represent  at  least  five 
hundred  bona  fide  citizens  and  voters  of  the  County  in  which 
it  exists.  If  the  Clerk  of  the  Peace  should  have  any  doubt  as 
to  the  sufficiency  of  the  number  of  bona  fide  voters  represented 
by  any  organization  in  any  County,  he  may  demand  a  certifi- 
cate containing  the  signatures  and  addresses  of  two  hundred 
and  fifty  voters  belonging  to  such  an  organization  as  to  that 
fact. 

Whenever  in  the  laws  of  this  State  relating  to  general  or 
special  elections  the  words  "principal  political  parties"  occur, 
or  words  equivalent  thereto  or  so  designating  political  parties 
shall  be  used,  the  same  shall  be  taken  to  designate  the  Demo- 
cratic Party  and  the  Republican  Party. 


87 

1722.  Sec.  2.  Ballots ;  Printing ;  Certifications  of  Nominations 
and  Party  Device ;  What  Device  May  Be  Adopted ;  Two  Parties 
May  Not  Adopt  Same  Device;  Counter  Claims  For,  How  De- 
cided; Death,  Resignation  or  Removal  of  Candidate;  Subse- 
quent Certificates: — The  Clerks  of  the  Peace  for  the  several 
Counties  shall  cause  to  be  printed  on  the  ballots  herein  provid- 
ed for,  the  names  of  the  candidates  nominated  by  the  parties 
recognized  by  them  as  political  parties  within  the  meaning  of 
this  Chapter.  The  nomination  of  the  candidates  for  the  office 
of  Governor  and  other  State  offices,  United  States  Senators, 
Representatives  in  Congress  and  Presidential  Electors,  shall  be 
certified  to  the  several  Clerks  of  the  Peace  by  the  Presiding 
Officer  and  Secretary  of  the  several  State  Party  Conventions 
or  Committees,  and  the  nominations  of  the  candidates  for  the 
County,  Hundred  and  District  offices  shall  be  certified  to  the 
respective  Clerks  of  the  Peace  of  the  County  in  and  for  which 
such  nominations  have  been  made  by  the  Presiding  Officer  and 
Secretary  of  the  proper  Party  Convention  or  Committee.  The 
certificate  shall  be  in  writing  and  shall  contain  the  name  of 
each  person  nominated,  his  residence  and  the  office  for  which 
he  is  nominated.  The  persons  making  such  certificate  shall  add 
to  their  signatures  their  respective  places  of  residence  and  shall 
acknowledge  said  certificate  before  an  officer  duly  authorized 
to  take  acknowledgements  of  Deeds,  and  a  ceitificate  of  such 
acknowledgment  snail  be  affixed  to  the  instrument. 

The  certificate  shall  also  designate  a  title  for  the  party 
which  such  Convention  or  Committee  represents,  together  with 
any  simple  figure  or  device  by  which  its  lists  of  candidates 
may  be  designated  on  the  ballot.  The  figure  or  title  or  device 
selected  and  designated  by  the  State  Convention  or  Committee 
of  any  party  shall  be  used  by  that  party  throughout  the  State. 
Only  one  figure  or  device  shall  be  used  by  a  party  at 
any  election.  The  same  title,  figure  or  device  shall 
not  be  used  by  more  than  one  party,  and  the  party  first  certi- 
fying a  name,  title,  figure  or  device  to  the  Clerks  of  the  Peace 
shall  have  the  prior  right  to  use  the  same.  Such  figure  or  de- 
vice may  be  the  ilp-iire  of  a  star,  an  eagle,  a  plow,  or  some  such 
appropriate  symbol,  but  the  coat  of  arms  or  seal  of  the  State, 
or  of  the  United  States,  or  the  flag  of  the  United  States,  shall 
not  be  used  as  sucii  figure  or  device. 

In  case  of  death,  resignation  or  removal  of  any  candidate 
subsequent  to  nomination,  a  supplemental  certificate  of  nom- 


88 

ination  may  be  filed  by  the  proper  officers  of  the  State,  County, 
District  or  Hundred  Committees. 

In  case  of  a  division  in  any  party  and  claim  by  two  or 
more  factions  to  the  same  party  name  or  title,  figure  or  device, 
if  the  division  occurs  at  a  State  Convention,  or  extends 
throughout  the  State,  the  Clerks  of  the  Peace  of  the  several 
Counties  shall,  within  ten  days  after  any  one  of  them  has  re- 
ceived the  certificates  of  the  contending  factions,  assemble  in 
the  office  of  the  Clerk  of  the  Peace  at  Dover  and  determine  to 
which  faction  the  name,  title  or  figure  properly  belongs,  giving 
the  preference  to  the  Convention  held  at  the  time  and  place 
designated  in  the  call  of  the  regularly  constituted  party  auth- 
orities; if  within  five  days  thereafter  the  other  faction  shall 
present  no  other  party  name,  or  title,  figure  or  device,  and  cer- 
tify the  same  to  the  Clerks  of  the  Peace,  the  latter  shall  again 
immediately  assemble  and  select  some  suitable  title,  figure  or 
device  for  said  faction,  and  the  same  shall  be  placed  above  the 
list  of  its  candidates  on  the  ballots.  If  the  certificate  of  the 
contending  factions  shall  not  be  received  by  the  Clerks  of  the 
Peace  in  time  for  them  to  assemble  at  Dover  before  publishing 
the  device  and  list  of  candidates  in  the  newspapers,  then  and 
in  that  case  each  Clerk  of  the  Peace  shall  determine  for  him- 
self which  faction  shall  be  entitled  to  the  name,  title,  figure  or 
device,  and  shall  select  a  name,  title,  figure  or  device  for  the 
other  faction.  In  case  of  division  in  any  party  extending  only 
through  a  County,  District  or  Hundred,  the  Clerk  of  the  Peace 
of  the  County  in  which  such  division  occurs,  upon  the  receipt  of 
certificates  from  the  contending  factions,  shall  determine  which 
faction  is  entitled  to  the  party  name,  figure  or  device,  and  to 
have  their  nominations  printed  in  the  proper  party  column ; 
and  should  the  other  faction  fail  to  do  so,  the  Clerk  of  the 
Peace  shall  select  for  them  a  name  or  title,  figure  or  device. 

1723.  Sec.  3.  Certificates  of  Nominations;  Time  of  Filing-; 
How  Long  Kept: — Certificates  of  nominations  herein  directed 
to  be  filed  with  the  Clerks  of  the  Peace  shall  be  filed  not  less 
than  twenty  days  before  the  day  fixed  by  law  for  the  election 
of  the  persons  in  nomination. 

The  Clerks  of  the  Peace  of  the  several  Counties  shall  cause 
to  be  preserved  in  their  respective  offices  all  certificates  of 
nomination  filed  under  the  provisions  of  this  Chapter  for  six 
months  after  the  date  of  the  filing  thereof. 


89 

1724  Sec.  4.  Publication  of  Nominations;  How;  How  Ar- 
ranged; What  Excluded: — At  least  ten  days  before  an  election 
to  fill  any  public  office  the  Clerk  of  the  Peace  of  each  County 
shall  cause  to  be  published  in  at  least  two  newspapers  within 
his  County  the  nominations  to  office  certified  to  him  as  directed 
in  Section  two.  He  shall  make  no  less  than  two  publications  in 
each  of  such  newspapers  before  election.  Such  publications 
shall  be  made  in  two  newspapers  representing  the  two  prin- 
cipal political  parties.  In  all  cities  where  a  daily  newspaper 
is  published,  such  notice  shall  also  be  published  in  two  daily 
papers  representing  such  political  parties,  if  such  there  be. 
The  lists  of  nominations  published  by  the  Clerk  of  the  Peace 
shall  be  arranged  so  far  as  practicable  in  the  order  and  form 
in  which  they  will  be  printed  upon  the  ballots  and  shall  des- 
ignate the  devices  under  which  the  lists  of  candidates  of  each 
party  will  be  printed.  The  Clerk  of  the  Peace  shall  not  in- 
clude, in  the  publication  to  be  made  according  to  this  Section, 
the  name  of  any  candidate,  whose  certificate  of  nomination 
shall  have  been  filed  in  his  office,  who  shall  have  notified  him 
in  writing  duly  signed  and  acknowledged  that  he  will  not  ac- 
cept the  nomination.  The  names  of  such  candidates  shall  not 
be  included  in  the  names  of  the  candidates  to  be  printed  on  the 
ballot,  as  hereinafter  provided. 

1725.  Sec.  5.  Ballots;  Printing  by  Clerk  of  the  Peace;  Size; 
Form;  Style;  Color;  Arrangement: — The  Clerk  of  the  Peace  in 
each  County  shall  cause  the  names  of  all  candidates,  to  be 
voted  for  in  his  County  and  the  several  Hundreds  or  Districts 
in  the  same,  to  be  printed  in  parallel  columns  on  one  ballot,  all 
nominations  of  any  party  being  placed  under  the  title  and  de- 
vice of  such  party  as  designated  by  its  authorized  agent  or 
agents  in  the  certificate  or  certificates ;  or  if  none  be  designat- 
ed, under  some  suitable  title  and  device  to  be  selected  by  the 
Clerk  of  the  Peace.  The  ballots  shall  be  of  uniform  size  and  of 
the  same  quality  and  color  of  paper  and  sufficiently  thick  that 
the  printing  cannot  be  distinguished  from  the  back.  The  ar- 
rangement of  the  ballot  shall  in  general  conform,  as  nearly 
as  possible,  to  the  plan  hereinafter  given ;  the  device  named 
and  chosen  and  the  list  of  candidates  of  the  Democratic  Party 
shall  be  placed  in  the  first  column  on  the  left  hand  side  of  said 
ballot,  of  the  Republican  Party  in  the  second  column,  and  of 
any  other  party  in  such  order  as  the  Clerk  of  the  Peace  shall 
decide. 


90 


DEVICE 

DEVICE 

.1 

DEMOCRATIC  PARTY 

] 

REPUBLICAN  PARTY 

For  Electors  of  President 
and  Vice  President 

JOHN  DOE 

For  Electors  of  President 
and  Vice  President 

JOHN  DOE 

For  Electors,  etc. 
JOHN  DOE 

For  Electors,  etc. 
JOHN  DOE 

For  Electors,  etc. 
JOHN  DOE 

For  Electors,  etc. 
JOHN  DOE 

For  Governor 
JOHN  DOE 

For  Governor 
JOHN  DOE 

For  Lieutenant  Governor 
JOHN  DOE 

For  Lieutenant  Governor 
JOHN  DOE 

91 

1725  A.  Sec.  5A.  Representative  District  Number  to  be 
Printed  on  Ballots: — The  Clerk  of  the  Peace  in  each  County 
shall  cause  the  correct  Representative  District  .Number  for 
which  the  ballots  provided  for  in  this  Chapter  are  to  be  used, 
to  be  plainly  printed  on  the  margin  at  the  top  of  the  Ballot,  as 
nearly  as  possible  in  the  following  form : — 

OFFICIAL  BALLOT  FOR  REPRESENTATIVE   DISTRICT 
NUMBER—         — , 

1726.  Sec.  6.    Death,  Removal  or  Resignation  of  Candidates 
After  Printing  of  Ballots;   New   Nominations;    Pasters   &c; 
Clerks  of  Election  to  Place  on  Each  Ballot : — In    case    of    the 
death,  removal  or  resignation  of  any  candidate  after  the  print- 
ing of  such  ballots  and  before  such  election,  it  shall  be  lawful 
for  the  Chairman  of  the  State,  County,  Hundred  or  District 
Political  Organization,  by  which  such  candidate  <*vas  nominat- 
ed, to  make  a  nomination  to  fill  such  vacancy  and  to  provide 
the  election  officers  of  each  Election  District,  in  which  such  can- 
didate is  to  be  voted  for,  with  a  number  of  pasters  containing 
only  the  name  of  such  candidate,  at  least  equal  to  the  number 
of  ballots  provided  for  each  Election  District,  and  to  deliver 
said  pasters  in  the  same  manner  as  it  is  hereinafter  provided 
that  ballots  shall  be  delivered ;  and  it  shall  be  the  duty  of  the 
Clerks  of  Election  to  put  one  of  such  pasters  in  a  careful  and 
proper  manner  and  in  the  proper  place  on  each  ballot,  before 
they  shall  deliver  the  same  to  voters. 

1727.  Sec.  7.    Printer  of  Ballot  and  Envelope;  Duty  of;  Vio- 
lation; Misdemeanor;  Penalty: — If  the  printer  of  such  ballot 
or  envelope  or  any  person  employed  in  printing  the  same  shall 
knowingly  give  or  deliver  or  knowingly  permit  to  be  taken  any 
of  said  ballots  or  envelopes  by  any  person  other  than  the  Clerk 
of  the  Peace  for  whom  such  ballots  and  envelopes  are  being 
printed,  or  shall  print,  or  cause  or  permit  to  be  printed,  any 
ballot  or  envelope  in  any  other  form  than  the  one  prescribed 
by  this  Chapter,  or  with  any  other  names  thereon  than  those 
authorized  by  the  Clerk  of  the  Peace,  or  with  the  names  spelled 
or  the  names  or  devices  thereon  arranged  in  any  other  way 
than  that  authorized  and  directed  by  the  said  Clerk  of  the 
Peace,  he  shall  be  guilty  of  a  misdemeanor   and  on  conviction 
thereof  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  or  be  imprisoned  not  less  than 
one  nor  more  than  five  years,  or  both  at  the  discretion  of  the 
Court. 


92 

1728.  Sec.  8.  Ballots;  Number  of  to  be  Printed;  How  Dis- 
tributed; Packages  of;  Number  of  Voters  How  Ascertained; 
Additional  Ballots  Printed,  When;  Pencils  or  Crayons  and 
Rubber  Bands  Furnished;  Envelopes;  Number  of;  How  Dis- 
tributed:— The  Clerk  of  the  Peace  in  each  County  shall  cause 
to  be  printed,  within  the  State  of  Delaware,  in  the  form  herein- 
before provided,  not  less  than  eight  ballots  for  every  voter  in 
each  Election  District  in  his  County;  the  number  of  voters 
shall  be  ascertained  in  each  Election  District,  by  reference  to 
the  highest  number  of  votes  polled  theiein  at  any  preceding 
election,  with  due  allowance  for  any  estimated  increase  there- 
of. If  a  new  Election  District  has  been  established  in  his  Coun- 
ty, the  number  shall  be  estimated  by  said  Clerk  of  the  Peace 
according  to  the  best  information  he  can  obtain. 

The  Clerk  of  the  Peace  in  each  County,  in  addition  to 
the  above  mentioned  ballots,  shall  cause  to  be  printed  such 
further  number  of  ballots  as  shall  be  directed  by  the  Chair- 
man of  any  committee  of  any  political  party,  in  any  county, 
provided,  however,  that  the  said  Clerk  of  the  Peace  shall  not 
have  printed  any  ballots  upon  the  order  or  request  of  any 
Chairman  of  any  political  party  unless  the  said  request  shall 
have  been  made  to  him  in  writing  at  least  thirty  days  prior  to 
the  holding  of  the  election  at  which  the  said  ballots  are  to  be 
used,  nor  unless  a  deposit  sufficient  to  cover  the  cost  of  the  bal- 
lots be  made  at  the  time  they  are  ordered.  The  ballots  so  ord- 
ered by  the  said  Chairmen  of  the  various  political  parties  shall 
be  delivered  to  the  said  Chairmen  or  to  their  agents  upon  their 
request  or  order  at  least  five  days  before  the  election  at  which 
the  said  ballots  are  to  be  used.  In  addition  to  the  ballots  so 
ordered  by  the  Chairmen  of  the  various  political  parties,  the 
Clerk  of  the  Peace  shall  deliver  to  each  Chairman  of  the  vari- 
ous political  parties,  two  ballots  for  every  voter  in  each  Elec- 
tion District,  who  at  the  last  preceding  election  cast  his  ballot 
for  the  head  of  the  ticket  of  such  political  party,  which  ballots 
shall  be  furnished  to  the  County  Chairman  free  of  all  charges. 
The  Clerk  of  the  Peace  shall  cause  the  ballots,  other  than  those 
delivered  to  the  Chairmen  of  the  various  political  parties  for 
each  Election  District,  to  be  carefully  wrapped  and  tied  in  two 
packages.  One  of  such  packages  shall  contain  two  ballots  for 
every  voter  in  each  Election  District  in  his  county,  and  shall 
be  retained  by  the  Clerk  of  the  Peace,  and  the  ballots  therein 
contained  shall  only  be  used  to  take  the  plac<>  of  any  ballot 
that  may  have  been  destroyed  or  lost  by  any  accident  or  casu- 
alty. The  other  packages  of  ballots  shall  be  delivered  by  the 
Clerk  of  the  Peace  in  the  manner  hereinafter  provided  for. 


93 

The  Clerk  of  the  Peace  in  each  county  shall  also  provide  un- 
gmnmed  envelopes  of  a  sufficient  size  to  contain  the  ballot  to 
be  used  at  any  election.  Each  envelope  shall  have  printed 
thereon, 

Official  Envelope 
For 


Representative  District  Number 
Date  of  Election  .  


Clerks  of  Election, 

and  shall  be  signed  by  the  Clerks  of  Election,  on  the  lines  above 
the  words  ''Clerks  of  Election." 

He  shall  have  prepared  four  envelopes  for  each  voter  in 
each  Election  District  in  his  County,  and  the  number  shall  be 
ascertained  in  each  Election  District  by  reference  to  the  high- 
est number  of  votes  polled  therein  at  any  preceding  election, 
with  due  allowance  for  any  estimated  increase  thereof.  If  a 
new  Election  District  has  been  established  in  his  County,  the 
number  shall  be  estimated  by  said  Clerk  of  the  Peace,  accord- 
ing to  the  best  information  he  can  obtain.  The  Clerk  of  the 
Peace  shall  cause  the  envelopes  for  each  Election  District  to 
be  carefully  wrapped  and  tied  in  two  packages,  one  package 
containing  one  envelope  for  each  voter  in  each  Election  Dis- 
trict, in  his  County,  shall  be  retained  by  the  Clerk  of  the  Peace, 
and  the  envelopes  therein  contained  shall  only  be  used  to  take 
the  place  of  like  envelopes  that  may  have  been  destroyed  or 
lost  by  any  accident  or  casualty.  The  said  packages  of  en- 
velopes shall  be  plainly  marked  and  securely  sealed  with  wax. 
The  Clerk  of  the  Peace  in  each  County  shall  also  provide,  and 
enclose  in  each  of  said  packages,  not  less  than  one  dozen  black 
or  indelible  pencils  or  crayons  and  a  sufficient  number  of  rub- 
ber bands  to  secure  the  number  of  envelopes  in  each  Election 
District. 

1729.  Sec.  9.  Inspectors  Outside  of  Wilmington;  Ballots,  En- 
velopes, Pencils  and  Rubber  Bands  How  to  Procure;  From 
Whom;  When;  Safe  Keeping;  on  Default  of  so  Procuring, 
Clerk  of  the  Peace  to  Deliver  to  Whom ;  How  and  to  Whom  De- 
livered in  Wilmington;  Duty  of  Department  of  Election  as 


94 

to: — It  shall  be  the  duty  of  each  Inspector  of  Election  outside 
of  the  City  of  Wilmington  to  appear  at  the  office  of  the  Clerk 
of  the  Peace  of  his  County,  on  the  day  preceding  the  election, 
before  the  hour  of  three  o  'clock  in  the  afternoon,  and  the  Clerk 
of  the  Peace  shall  deliver  to  him  the  packages  of  ballots,  en- 
velopes, pencils  and  rubber  bands  for  his  Election  District ;  and 
the  said  Inspector  shall  safely  keep  the  said  packages  and  pro- 
duce the  same  at  the  place  of  election  and  at  the  time  of  the 
opening  of  the  election.  In  case  there  shall  be  a  vacancy  in  the 
office  of  any  inspector  on  the  day  preceding  the  election,  or 
any  Inspector  for  any  cause  shall  not  apply  to  the  proper  Clerk 
of  the  Peace  for  the  packages  herein  mentioned  for  his  Election 
District  by  the  hour  of  three  o'clock  in  the  afternoon  of  the 
day  preceding  the  election,  the  said  Clerk  of  the  Peace  shall 
deliver  said  packages  to  some  trusty  person,  who  shall 
deliver  them  on  the  day  of  the  election  to  the  Inspector  of  Elec- 
tion of  such  Election  District,  at  the  place  of  Election,  and  im- 
mediately upon  the  qualification  of  the  election  officers. 

In  the  City  of  Wilmington,  it  shall  be  the  duty  of  the  Pres- 
ident of  the  Department  of  Elections,  or  in  case  he  cannot  at- 
tend, of  some  other  member  oi'  said  Department  authorized  in 
writing  by  the  said  President,  to  appear  at  the  office  of  the 
Clerk  of  the  Peace  of  New  Castle  County,  on  the  day  preced- 
ing such  election,  011  or  before  the  hour  of  three  o'clock  in  the 
afternoon,  and  the  said  Clerk  of  the  Peace  shall  deliver  to  him 
the  packages  provided  for  each  Election  District  in  the  City  of 
Wilmington.  The  said  Department  of  Elections  shall  safely 
keep  the  same  and  deliver  to  each  Board  of  Election  Officers 
at  the  polling  place.  011  the  day  of  the  election,  at  the  time  pro- 
vided by  law  for  the  delivery  of  the  ballot  boxes,  the  ballots, 
envelopes,  pencils  and  rubber  bands  intended  for  their  several 
and  respective  districts. 

1730.  Sec.  10.  Breaking  Packages  Containing-  Ballots,  En- 
velopes &c.  Before  Opening  of  Election;  Misdemeanor;  Pen- 
alty:— Any  Inspector  or  any  other  Election  Officer  or  any 
other  person  whatever  who  shall  break  any  package  contain- 
ing ballots,  envelopes,  pencils  and  rubber  bands,  so  as  aforesaid 
delivered  by  the  Clerk  of  the  Peace  to  the  persons  in  Section  9 
of  this  Chapter  designated,  or  take  any  ballot,  envelope,  pencil 
or  rubber  band  therefrom,  or  suffer  the  same  to  be  done  by 
another,  before  the  opening  of  the  election,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  by  in- 
dictment, shall  be  fined  not  less  than  three  hundred  dollars 
nor  more  than  five  hundred  dollars  and  may,  at  the  discretion 


95 

of  the  Court,  be  imprisoned  for  a  term  not  less  than  one  year 
nor  more  than  two  years. 

1731.  Sec.  11.    Loss  or  Destruction  of  Ballots  or  Envelopes; 
New  Supply ;  Duty  of  Election  Officers  When  no  Ballots  or 
Means  of  Voting  at  Election ;  Defaults ;  Penalties : — If  by  any  acci- 
dent or  casualty,  the  ballots  or  envelopes  delivered  to  any  In- 
spector or  other  person  by  any  Clerk  of  the  Peace  shall  be  lost 
or  Destroyed,  it  shall  be  the  duty  of  such  person  having  such 
package  in  his  custody  to  report  the  loss  at  once  to  the  Clerk 
of  the  Peace  from  \vhom  the  same  were  obtained,  and  make 
affidavit  of  the  circumstances  of  the  loss,  whereupon  said  Clerk 
of  the  Peace  shall  at  once  re-supply  such  person.    In  case  such 
person  having  in  custody  said  packages  fails  or  refuses  to  re- 
port and  make  proof  of  said  loss,  any  qualified  elector  may  do 
so,  and  thereupon  such  Clerk  of  the  Peace  shall  at  once  send 
a  new  supply  by  some  trusty  person  as  provided  in  other  cases. 
In  case,  for  any  reason,  there  should  be  found  no  ballots  or 
other  necessary  means  or  contrivances  for  voting,  at  the  open- 
ing of  the  election,  it  shall  be  the  duty  of  the  election  officers 
at  such  election  place  to  secure  the  same  as  speedily  as  pos- 
sible, and  if  necessary,  such  election  officers  shall  have  ballots 
printed  or  written  and  envelopes  procured;  such  ballots  and 
envelopes  shall  conform  so  nearly  as  possible  to  the  official 
ballots  and  envelopes,  and  the  printing  and  the  preparation 
and  the  care  of  the  same  shall  be  under  the  same  provisions 
and  penalties  as  the  printing  and  the  care  of  the  other  ballots 
and  envelopes  prescribed  in  this  Chapter. 

1732.  Sec.  12.    Neglect  or  Refusal  of  Clerk  of  the  Peace  to 
Perform  Duties;  Misdemeanors;  Penalties: — If  any  Clerk  of 
the  Peace  or  his  Clerk  or  any  one  acting  for  him  shall  neglect 
or  refuse  to  have  the  ballots  and  envelopes  printed  and  pre- 
pared according  to  the  provisions   of  this   Chapter,   or  shall 
neglect  or  refuse  to  deliver  them  in  time  to  the  parties  prop- 
erly entitled  to  receive  them,  or  shall  neglect  or  refuse  to  do 
or  perform  any  other  duty  in  and  about  the  preparation  and 
distribution  of  the  ballots  and  envelopes  required  to  be  done 
and  performed  by  him  by  the  provisions  of  this  Chapter,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined 
not  less  than  one  thousand  nor  more  than  five  thousand  dol- 
lars, and  he  may  in  the  discretion  of  the  Court  be  imprisoned 
for  not  less  than  one  nor  more  than  five  years. 

1733.  Sec.  13.    Ballots  Left  Over;  Destruction  by  Clerk  of 
the  Peace ;  When : — The  several  Clerks  of  the  Peace  shall  pre- 
serve the  ballots  left  over  in  their  hands  after  supplying  the 


96 

Election  Districts,  as  hereinbefore  provided,  until  six  o'clock 
P.  M.  of  the  day  of  the  election,  and  shall  then  count  and  de- 
stroy by  totally  consuming  by  fire  all  of  such  ballots  but  one, 
which  he  shall  preserve  in  his  office  as  a  record  together  with 
his  certificate  of  the  number  of  ballots  counted  and  destroyed 
by  him. 

1734.  Sec.  14.    Fraudulent  Destruction  &c.  of  Certificate  of 
Nomination;  Forgery  of  Official  Endorsement  on  Ballot  or  En- 
velope; Printing  or  Circulation  of  Imitation  Ballot  or  Envel- 
ope; Misdemeanors;  Penalties: — Whoever  shall  falsely  make 
or  fraudulently  deface  or  fraudulently  destroy  any  certificate 
of  nomination,  or  any  part  thereof,  or  shall  file  any  certificate 
of  nomination,  knowing  the  same  or  any  part  thereof  to  be 
falsely  made,  or  shall  suppress  any  certificate  of  nomination 
which  has  been  duly  filed  or  any  part  thereof,  or  shall  forge  or 
falsely  make  the  official  endorsement  of  any  ballot  or  envelope 
or  either  of  them,  or  shall  print  or  cause  to  be  printed  any 
imitation  ballot  or  envelope  or  circulate  the  same,  or  shall  con- 
spire with  others  to  do  any  of  said  acts,  or  induce  or  attempt 
to  induce  any  other  person  to  do  any  of  said  acts,  whether  or 
not  said  acts  or  any  of  them  be  committed  or  attempted  to  be 
committed,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  one  hundred 
nor  more  than  five  hundred  dollars,  or  imprisoned  in  the  dis- 
cretion of  the  Court  not  more  than  five  years. 

1735.  Sec.  15.    Ballot  Boxes  and  Tally  Lists ;  Duty  of  Sheriff 
as  to ;  Compensation  of  Inspector  or  Trusty  Person  for  Delivery 
of  Packages  Containing  Ballots  &c: — The  Sheriff  shall  make 
the  ballot  boxes  and  the  tally  lists  and  all  other  papers  to  be 
delivered  to  the  several  Inspectors  conform    to    the    require- 
ments of  this  Chapter.     The  Inspector  or  the  trusty  person, 
for  his  services  in  receiving  and  delivering  at  the  place  of  hold- 
ing the  election  as  aforesaid  the  packages  containing  the  bal- 
lots, envelopes,  pencils  and  rubber  bands,  shall  receive  two 
dollars. 

1736.  Sec.  16.    Instruction  Cards;  Printing  and  Posting  of; 
Form  of: — The  Clerk  of  the  Peace  of  each  County  shall  cause 
to  be  printed  in  large  type  on  cards,  in  English  and  such  other 
language  as  he  may  deem  necessary,  instructions  for  the  guid- 
ance of  electors  in  preparing  their  ballots.     He  shall  furnish 
twelve  of  such  cards  in  each  of  the  languages  determined  upon 
by  him  to  each  of  the  Election  Inspectors,  at  the  same  time  he 
delivers  to  him  the  ballots  and  envelopes  for  his  election  dis- 
trict.   Each  Inspector  shall  cause  to  be  posted  one  of  each  of 


97 

said  cards  in  each  place  or  compartment  provided  for  the  pre- 
paration of  ballots,  and  one  of  each  kind  of  such  cards  at  or 
near  to  the  outer  end  of  the  enclosure  leading  to  the  polling 
place,  and  not  nearer  than  thirty  feet  of  the  polling  place,  and 
not  less  than  three  of  each  of  such  cards,  and  three  samples  of 
each  of  the  ballots  in  and  about  the  polling  place  at  the  opening 
of  the  polls  on  the  day  of  election,  which  sample  ballots  shall 
be  printed  on  different  colored  paper  than  the  genuine  ballots. 
Said  cards  shall  contain  full  instructions  to  the  voters  as  to 
what  must  be  done :  First,  to  obtain  ballots  and  envelopes  for 
voting;  Second,  to  prepare  the  ballots  for  voting;  Third,  for  de- 
positing the  ballot  in  the  envelope ;  Fourth,  to  obtain  either  a 
new  ballot  or  an  envelope  or  both,  in  place  of  either  or  both  ac- 
cidentally defaced,  mutilated  or  spoiled,  also  copies  of  Sections 
37.  39,  42  and  43  of  this  Chapter. 

1737.  Sec.  17.  Election  Districts;  Boundaries;  Polling  Places; 
Wilmington ;  New  Castle  County  Outside  of  Wilmington ;  Kent 
County ;  Sussex  County : — The  General  Election  in  and  for  the 

several  Counties  of  this  State  on  the  Tuesday  next  after  the 
first  Monday  of  November  shall  be  held  in  the  respective  Elec- 
tion Districts  of  the  Representative  Districts  of  said  Counties 
at  the  places  hereinafter  appointed  for  -that  purpose,  that  is 
to  say: — 

For  the  City  of  Wilmington. 

The  boundaries  of  the  Election  Districts  within  the  City 
of  Wilmington  and  the  place  in  each  Election  District  for  hold- 
ing elections  therein  shall  be  the  Election  Districts  established 
and  the  polling  places  designated  by  the  Department  of  Elec- 
tions for  the  City  of  Wilmington,  in  accordance  with  the  pro- 
visions of  Chapter  Fifty-seven  of  this  Code  relating  thereto, 
and  all  persons  entitled  to  vote  in  the  said  several  respective 
Election  Districts  thus  established  shall  vote  at  the  .place  des- 
ignated and  appointed  by  the  said  Department  of  Elections  for 
holding  elections  in  the  said  several  respective  Election  Dis- 
tricts. 

For  New  Castle  County  Outside  of  the  City  of  Wilmington. 
N.  C.  1.  The  First  Election  District  of  the  Sixth  Representa- 
tive District  is  all  that  portion  of  Brandywine  Hundred  bound- 
ed by  a  line  beginning  on  the  Delaware  River  at  Holly  Oak  or 
Tide  Creek,  thence  with  the  several  meanderings  of  the  main 
or  most  northerly  branch  thereof  until  it  intersects  the  Balti- 
more and  Philadelphia  Railroad:  thence  westerly  by  the  center 
line  of  the  right  of  way  of  said  Railroad  until  it  intersects  the 


98 

Lodge  Eoad,  formerly  called  Cabin  Road,  at  Silverside  Station ; 
thence  with  the  center  line  of  said  Lodge  Road  in  a  northerly 
direction  until  the  said  Lodge  Road  intersects  the  Faulk  Road 
at  Talley's  Corner;  thence  with  the  center  line  of  said  Faulk 
Road  to  Miller's  Corner  at  the  crossing  of  the  said  Faulk  Road 
and  the  Grubb  Road ;  thence  with  the  center  line  of  said  Grubb 
Road  until  it  strikes  the  Naaman's  Creek  Road;  thence  North- 
erly from  the  said  intersection  of  the  Grubb  Road  with  the 
Naaman's  Creek  Roacl  in  a  straight  line  to  the  Pennsylvania 
Line,  at  a  point  where  the  Grubb  Road  if  extended  North  of 
Naaman's  Creek  Road  in  a  direct  line  with  the  last  course  of 
said  Grubb 's  Road  would  intersect  said  State  Line ;  thence  by 
the  said  Pennsylvania  State  Line  to  the  Delaware  River;  and 
thence  by  the  Delaware  River  to  the  point  of  beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  building  known  as  Claymont  Hall. 

N.  0.  2.  The  Second  Election  District  of  the  Sixth  Repre- 
sentative District  is  all  that  portion  of  Brandywine  Hundred 
bounded  by  a  line  beginning  on  the  Carr  Road  at  its  intersec- 
tion with  Quarryville  Creek,  and  running  thence  in  a  westerly 
direction  by  the  center  line  of  said  Road  to  a  point  where  said 
Road  runs  into  the  Shipley  Road ;  thence  Southerly  by  the  cen- 
ter line  of  said  Shipley  Road  to  Dixon's  Corner,  where  said 
Shipley  Road  is  joined  by  the  Weldin  Road;  thence  Westerly 
by  the  center  line  of  said  Weldin  Road  until  it  runs  into  the 
Faulk  Road ;  thence  Southerly  by  the  center  line  of  said  Faulk 
Road  to  the  Wilmington  and  Great  Valley  Turnpike,  commonly 
called  Concord  Pike ;  thence  Southerly  by  the  center  line  of  the 
said  Turnpike  and  Elliott  Avenue  to  the  City  line  of  the  City 
of  Wilmington ;  thence  Westerly  by  the  course  of  said  City  line 
to  Brandywine  Creek;  thence  Northerly  up  said  Brandywine 
Creek  by  the  several  meanderings  thereof  until  it  crosses  the 
Pennsylvania  State  line ;  thence  Easterly  along  said  State  line 
to  a  point  where  the  Grubb  Road,  if  extended  North  of  Naa- 
man's Creek  Road  in  a  direct  line  with  the  last  course  of  said 
Grubb 's  Road  would  intersect  said  State  Line ;  thence  South- 
erly along  said  extended  line  of  the  Grubb  Road,  crossing  Naa- 
man's  Creek  Road  and  following  the  center  line  of  said  Grubb 
Road  Southerly  and  Easterly  to  where  it  intersects  the  Faulk 
Road  at  Miller's  Corner;  thence  Southerly  by  the  center  line 
of  said  Faulk  Road  to  where  it  intersects  the  Lodge  Road  at 
Talley's  Corner;  thence  Easterly  along  the  center  line  of  said 
Lodge  Road  to  the  point  where  it  crosses  Quarryville  Creek  ; 
thence  down  said  Quarryville  Creek  with  its  several  meander- 


99 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  Sharpley's  School  House. 
N.  C.  3.     The  Third  Election  District  of  the  Sixth  Representa- 
tive District  is  all  that  portion  of  Brandywine  Hundred  bound 
ed  by  a  line  beginning  on  the  Delaware  River  at  Holly  Oak  or 
Tide  Creek,  thence  with  the  several  meanderings  of  the  main 

ings  to  the  point  where  it  crosses  the  Carr  Road,  being  the 
point  or  place  of  beginning. 

or  most  northerly  branch  thereof  until  it  intersects  the  Balti- 
more and  Philadelphia  Railroad ;  thence  Westerly  by  the  center 
line  of  the  right  of  way  of  said  Railroad  until  the  Railroad  in- 
tersects the  Lodge  Road  at  Silverside  Station ;  thence  with  the 
center  line  of  the  said  Lodge  Road  in  a  Northerly  direction 
until  said  Lodge  Road  intersects  Quarryville  Creek;  thence 
down  said  Creek  by  the  several  meanderings  thereof  until  it 
crosses  the  Carr  Road,  and  thence  running  in  a  Westerly  direc- 
tion by  the  center  line  of  said  Carr  Road  to  a  point  where  said 
Road  runs  into  the  Shipley  Road ;  thence  Southerly  by  the  cen- 
ter line  of  said  Shipley  Road  to  Dixon's  Corner,  where  said 
Shipley  Road  is  joined  by  the  Weldin  Road;  thence  Westerly 
by  the  center  line  of  said  Weldin  Road  until  it  runs  into  Faulk 
Road;  thence  Southerly  by  the  center  line  of  said  Faulk  Road 
to  the  Wilmington  and  Great  Valley  Turnpike,  commonly  call- 
ed Concord  Pike :  thence  Southerly  by  the  center  line  of  said 
Turnpike  and  Elliott  Avenue  to  the  City  Line  of  the  City  of 
Wilmington;  thence  Easterly  by  said  City  Line  to  the  Dela- 
ware River;  and  thence  up  said  Delaware  River  to  Holly  Oak 
or  Tide  Creek,  the  point  of  beginning. 

All  persons  entitled  to  vote  in  said  Third  Election  District 
shall  vote  at  Shellpot  School  House. 

N.  C.  4.  The  First  Election  District  of  the  Seventh  Represen- 
tative District  is  all  that  portion  of  Christiana  Hundred, 
bounded  on  the  East  by  the  Wilmington  City  Line  and  the 
boundary  line  of  New  Castle  Hundred,  011  the  South  by  the 
boundary  lines  of  New  Castle  Hundred  and  White  Clay  Creek 
Hundred,  on  the  West  by  the  boundary  lines  of  White  Clay 
Creek  Hundred  and  Mill  Creek  Hundred,  and  on  the  North  by 
a  line  beginning  on  the  Easterly  side  of  Red  Clay  Creek,  at  the 
intersection  of  the  line  dividing  land  now  or  lately  owned  by 
G.  M.  D.  Lynam  and  land  now  or  lately  owned  by  Richard 
*Ruthwell ;  thence  extending  Easterly  along  the  said  line  from 
said  point  to  the  Lane  leading  from  the  property  now  or  lately 
*So  enrolled. 


100 

owned  by  Richard  Rothwell ;  thence  Northerly  along  said  lane 
to  its  intersection  with  the  Black  Road ;  thence  along  the  cen- 
ter line  of  said  Black  Road  in  an  Easterly  direction  to  the 
intersection  of  said  Road  with  the  Newport  and  Gap  Turn- 
pike ;  thence  in  a  Northerly  direction  from  the  Newport  and 
Gap  Turnpike  along  the  center  line  of  the  Road  leading  from 
Newport  to  Price's  Corner,  to  a  point  where  the  Marsh  Road, 
sometimes  called  Folly  Woods  Road,  crosses  said  Road ;  thence 
along  the  center  line  of  said  Marsh  Road  in  an  Easterly  direc- 
tion, crossing  the  Newport  Pike  and  continuing  along  the  cen- 
ter of  said  Marsh  Road  in  an  Easterly  direction  to  a  sharp 
Southerly  turn  in  said  Marsh  Road;  thence  continuing  along 
the  center  of  said  Marsh  Road  in  a  Southerly  direction  to  the 
Christiana  River. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  Red  Men's  Hall,  in  the  Town  of  Newport. 

N.  C.  5.  The  Second  Election  District  of  the  Seventh  Repre- 
sentative District  is  all  that  portion  of  Christiana  Hundred 
bounded  on  the  north  by  the  Wilmington  and  Lancaster  turn- 
pike, on  the  west  by  Mill  Creek  Hundred,  on  the  south  by  a 
line  beginning  on  the  easterly  side  of  Red  Clay  Creek  at  the 
intersection  of  the  line  dividing  the  land  now  or  lately  owned 
by  G.  M.  D.  Lynam  and  land  now  or  lately  owned  by  Richard 
Rothwell;  thence  extending  easterly  along  the  said  line  from 
said  point  to  the  land  leading  from  the  property  now  or  lately 
owned  by  Richard  Rothwell ;  thence  northerly  along  said  lane 
to  the  intersection  with  the  Black  Road ;  thence  along  the  cen- 
ter line  of  said  Black  Road  in  an  easterly  direction  to  the  inter- 
section of  said  road  with  the  Newport  and  Gap  turnpike ; 
thence  in  a  northerly  direction  from  the  Newport  and  Gap 
turnpike  along  the  center  line  of  the  road,  leading  from  New- 
port to  Price's  Corner  and  to  a  point  where  the  Baltimore  and 
Ohio  Railroad  crosses  said  road ;  thence  along  the  center  line 
of  the  right  of  way  of  the  said  Baltimore  and  Ohio  Railroad 
Company  in  an  easterly  direction  to  a  point  which  is  the  West- 
erly Boundary,  now  or  late  of  William  M.  Brackin;  thence 
northwesterly  along  said  Boundary  line  to  a  point  in  the  cen- 
ter of  New  Road ;  thence  northwesterly  along  the  division  line 
between  lands  now  or  late  of  Edward  Woodward  and  lands 
now  or  late  of  William  M.  Brackin ;  thence  northwesterly  along 
the  division  or  property  line  between  the  lands  now  or  late  of 
Edward  Woodward  and  lands  now  or  late  of  Abner  Hollings- 
worth  to  a  point  in  the  center  of  the  road  leading  from  Wil- 
mington and  Kennet  turnpike  to  Price's  Corner;  thence  north- 


101 

erly  along  the  center  of  said  public  road  to  its  intersection  with. 
the  center  line  of  Wilmington  and  Lancaster  turnpike  and 
place  of  beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  Foard's  store  in  the  town  of  Marshallton. 

N.  C.  6.  The  Third  Election  District  of  the  Seventh  Repre- 
sentative District  is  all  that  portion  of  Christiana  Hundred 
bounded  by  a  line  commencing  in  the  center  line  of  the  public 
road  at  the  Barley  Mill  (on  the  Brandy  wine)  formerly  operat- 
ed by  Pyle  and  Mclntyre,  thence  running  along  the  center  line 
of  said  Road  in  a  westerly  direction  past  the  St.  Joseph's 
Catholic  Church  and  across  the  Kennett  Turnpike ;  thence  con- 
tinuing along  the  center  line  of  said  Road  by  its  several  courses 
to  the  eastern  bank  of  Red  Clay  Creek;  thence  following  the 
said  Creek  in  a  Northerly  direction  by  its  several  courses  to 
the  stream,  upon  which  is  located  the  mill  formerly  known  as 
Fulton's  Mill  and  more  lately  known  as  Griffith's  Mill  or  Hill- 
side Mill ;  thence  up  said  stream  by  its  several  courses  and 
windings  to  said  Fulton's  Mill;  thence  Easterly  by  the  center 
line  of  the  road  leading  to  Campbell's  Shops  and  Montchanin, 
crossing  the  Keunett  Turnpike  to  where  it  intersects  the  du 
Pont  Road ;  thence  along  the  center  line  of  the  du  Pont  Road  to 
where  said  Road  intersects  the  Road  from  Rockland  to  Chadd's 
Ford  at  Adams  Cross  Roads,  and  thence  by  the  center  line  of 
said  Road  from  Rockland  to  Chadd's  Ford  to  Rockland  Bridge 
at  the  Rocklaud  Paper  Mills  on  the  Brandywine;  and  thence 
down  the  Brandywine  its  several  courses  to  the  point  of  Be- 
ginning at  the  Barley  Mill. 

The  triangular  plot  of  land  at  the  Village  of  Montchanin, 
on  which  is  now  located  the  public  school  house  and  other 
buildings  and  dwellings,  constitutes  a  part-  of  the  said  Third 
Election  District. 

All  persons  entitled  to  vote  in  said  Third  Election  District 
shall  vote  at  the  house  known  as  the  Rodney  Inn,  now  or  lately 
occupied  by  Sarah  Donnan. 

N.  C.  7.  The  Fourth  Election  District  of  the  Seventh  Repre- 
sentative District  is  all  that  portion  of  Christiana  Hundred 
bounded  by  a  line  commencing  in  the  center  line  of  the  public 
road  at  Rockland  Paper  Mills  on  the  Brandywine  in  Christiana 
Hundred,  thence  running  along  the  center  line  of  said  Road  in 
a  westerly  direction  and  by  the  center  line  of  the  road  from 
Rockland  to  Chadd's  Ford  to  the  intersection  of  said  Chadd's 


102 

Ford  Eoad  with  the  duPont  Road  at  Adams  Cross  Roads: 
thence  along  the  center  line  of  said  duPont  Road  Southerly  to 
where  said  Road  intersects  the  Road  from  Rockland  to  Wood- 
dale;  thence  Westerly  along  the  center  line  of  said  Wood- 
dale  Road  following  its  several  courses  direct  to  the  corner 
formerly  known  as  Campbell's  Shops  on  the  Kennett  Turn- 
pike; thence  after  crossing  said  Turnpike  continuing  by  the 
several  courses  of  said  Road  to  the  Mill  formerly  known  as 
Fulton's  Mill,  and  more  lately  known  as  Griffith's  Mill  or  Hill- 
side Mill;  thence  by  the  stream  running  from  said  Mill  by  its 
several  courses  and  windings  to  where  it  empties  into  Red 
Clay  Creek;  thence  up  said  Red  Clay  Creek  by  its  several 
courses  and  the  boundary  line  of  Mill  Creek  Hundred  to  the 
Pennsylvania  State  Line ;  thence  Easterly  along  said  State  Line 
to  the  Brandywine  River ;  thence  down  said  Brandy  wine  River 
by  its  various  courses,  being  the  boundary  line  of  Brandywine 
Hundred  to  the  said  Rockland  Paper  Mills,  the  point  of  Be- 
ginning. 

All  persons  entitled  to  vote  in  said  Fourth  Election  Dis- 
trict shall  vote  at  the  public  house  now  or  lately  belonging  to 
George  Lancaster  in  the  Town  of  Centre ville. 

N.  C.  8.  The  Fifth  Election  District  of  the  Seventh  Repre- 
sentative District  is  all  that  portion  of  Christiana  Hundred 
bounded  by  a  line  commencing  in  the  middle  of  the  public  road 
at  the  Barley  Mill,  formerly  occupied  by  Pyle  and  Mclntyre, 
thence  running  along  the  center  line  of  said  Road  in  a  westerly 
direction  past  the  St.  Joseph's  Catholic  Church  and  across  the 
Kennett  Turnpike ;  thence  continuing  along  said  Road  by  its 
various  courses  to  the  Eastern  Bank  of  Red  Clay  Creek ;  thence 
along  the  said  Creek  in  a  Southerly  direction  by  its  several 
courses  to  the  center  line  of  the  Lancaster  Turnpike ;  thence 
along  the  center  line  of  said  Turnpike  in  an  easterly  direction 
to  the  western  boundary  of  the  City  of  Wilmington;  thence 
following  the  said  boundary  line  by  its  several  courses  in  a 
Northern  direction  to  the  south  bank  of  the  Brandywine ; 
thence  along  the  said  Brandywine  by  its  several  courses  in  a 
westerly  direction  to  the  point  of  beginning,  the  Barley  Mill. 

All  persons  entitled  to  vote  in  said  Fifth  Election  District 
shall  vote  at  the  building  known  as  duPont  School  House. 

All  persons  entitled  to  vote  in  said  Sixth  Election  District 
shall  vote  at  Tinsman's  Paper  Store  at  Richardson  Park. 

N.  C.  8— A.  The  Sixth  Election  District  of  the  Seventh  Repre- 
sentative District  is  all  that  portion  of  Christiana  Hundred 


103 

bounded  011  the  East  by  the  Wilmington  City  Line  and  the 
boundary  line  of  New  Castle  Hundred,  on  the  South  by  the 
center  line  of  the  Marsh  Road,  sometimes  called  the  Folly 
Woods  Eoad,  extending  from  the  Christiana  River  in  a  North- 
erly, then  Westerly  direction,  crossing  the  Newport  Pike,  at  or 
near  the  property  now  or  lately  of  M.  F.  Hayden,  and  continu- 
ing thence  Westerly  to  a  point  where  it  intersects  with  the 
Road  leading  from  Newport  to  Price's  Corner;  on  the  West  by 
the  said  Road  leading  from  Newport  to  Price's  Corner,  and  on 
the  North  by  a  line  beginning  at  the  intersection  of  the  said 
Road  leading  from  Newport  to  Price's  Corner  with  the  Balti- 
more and  Ohio  Railroad;  thence  along  the  center  line  of  the 
right-of-way  of  the  said  Baltimore  and  Ohio  Railroad  in  an 
Easterly  direction  to  a  point  where  the  said  Railroad  crosses 
Mill  Creek ;  thence  along  said  Mill  Creek  in  an  Easterly  direc- 
tion to  its  intersection  with  Silver  Brook;  thence  Northerly 
along  the  center  line  of  Silver  Brook  in  its  various  courses  to 
a  point  in  the  division  line  between  lands  now  or  lately  of  the 
estate  of  Dr.  J.  P.  Stidham  and  the  Northerly  side  of  the  right- 
of-way  of  the  old  Delaware  and  Western  Railroad;  thence 
Easterly  along  the  said  division  line  between  the  lands  now  or 
lately  of  the  estate  of  Dr.  J.  P.  Stidham  and  the  Northerly  side 
of  the  said  right-of-way  to  a  point  in  the  Easterly  side  of  an 
old  Lane  leading  from  the  Newport  Pike  to  the  lands  now  or 
lately  of  the  estate  of  Dr.  J.  P.  Stidham,  and  being  also  the 
division  line  between  said  lands  now  or  lately  of  the  estate  of 
J.  P.  Stidham  and  A.  C.  Cleland ;  thence  North,  Northwesterly 
along  the  said  Easterly  side  of  the  said  Lane  and  division  line 
between  the  said  lands  now  or  lately  of  the  estates  of  J.  P. 
Stidham  and  A.  C.  Cleland  to  a  corner;  thence  still  along  the 
Easterly  side  of  said  Lane  and  said  division  line  between  lands 
now  or  lately  of  the  estates  of  Dr.  J.  P.  Stidham  and  A.  C.  Cle- 
land Northerly  to  a  corner;  thence  Northeasterly  along  still 
another  division  line  between  lands  now  or  lately  of  the  es- 
tates of  Dr.  J.  P.  Stidham  and  A.  C.  Cleland  to  a  point  in  the 
line  of  the  City  of  Wilmington. 

N.  C.  8— B.  The  Seventh  Election  District  of  the  Seventh  Re- 
presentative District  is  all  that  portion  of  Christiana  Hundred 
contained  within  the  following  boundaries.  Beginning  at  a 
point  in  the  City  line  of  Wilmington  and  in  the  center  of  the 
Wilmington  and  Lancaster  turnpike ;  thence  by  the  said  cen- 
ter of  the  said  Lancaster  turnpike  in  a  general  westerly  direc- 
tion to  the  intersection  of  the  road  leading  from  said  Lancaster 
turnpike  to  Price 's  Corner ;  thence  by  the  said  road  to  a  point 
in  the  property  line  between  lands  now  or  late  of  Abner  Hoi- 


104 

lingsworth  and  lands  now  or  late  of  Edward  Woodward; 
thence  by  said  division  or  property  line  southeasterly  and  con- 
tinuing along  the  said  property  or  division  line  between  lands 
now  or  late  of  Edward  WoodAvard  and  lands  now  or  late  of 
William  M.  Brackin  to  a  point  in  the  center  of  the  New  Road ; 
thence  southeasterly  along  a  line  being  the  westerly  boundary 
of  lands  now  or  late  of  William  M.  Brackin  to  its  intersection 
with  the  northerly  side  of  the  Baltimore  and  Ohio  Railroad 
Company ;  thence  along  the  center  line  of  the  right  of  way  of 
the  said  Baltimore  and  Ohio  Railroad  Company  in  an  easterly 
direction  to  a  point  where  the  said  Railroad  crosses  Mill  Creek ; 
thence  along  said  Mill  Creek  in  an  Easterly  direction  to  its 
intersection  with  Silver  Brook;  thence  Northerly  along  the 
center  line  of  Silver  Brook  in  its  various  courses  to  a  point  in 
the  division  line  between  lands  now  or  lately  of  the  estate  of 
Dr.  J.  P.  Stidham  and  the  Northerly  side  of  the  right  of  way 
of  the  old  Delaware  and  Western  Railroad;  thence  Easterly 
along  the  said  division  line  between  the  lands  now  or  lately  of 
the  estate  of  Dr.  J.  P.  Stidham  and  the  Northerly  side  of  the 
said  right  of  way  to  a  point  in  the  Easterly  side  of  an  old  lane 
leading  from  the  Newport  pike  to  the  lands  now  or  lately  of 
the  estate  of  Dr.  J.  P.  Stidham,  and  being  also  the  division  line 
between  said  lands  and  lands  now  or  lately  of  the  estate  of  A.C. 
Cleland;  thence  North  Northwesterly  along  the  said  Easterly 
side  of  the  said  lane  and  division  line  between  the  said  lands 
now  or  latelyof  the  estates  of  Dr.  J.  P.  Stidham  and  A.C.  Cleland 
to  a  Corner;  thence  still  along  the  Easterly  side  of  said  lane  and 
said  division  line  between  lands  now  or  lately  of  the  estates 
of  Dr.  J.  P.  Stidham  and  A.  C.  Cleland  Northerly  to  a  Corner ; 
thence  Northeasterly  along  still  another  division  line  between 
the  lands  now  or  lately  of  the  estates  of  Dr.  J.  P.  Stidham  and 
A.  C.  Cleland  to  a  point  in  the  line  of  the  City  of  Wilmington 
and  place  of  beginning. 

All  persons  entitled  to  vote  in  said  Seventh  Election  Dis- 
trict shall  vote  at  such  place  in  the  town  of  Elsmere,  as  the 
Inspector  who  is  to  hold  said  Election  shall  designate. 

N.  C.  9.  The  First  Election  District  of  the  Eighth  Representa- 
tive District  is  all  that  portion  of  Mill  Creek  Hundred  bounded 
by  a  line  beginning  at  the  intersection  of  Pike  Creek  with 
White  Clay  Creek,  thence  with  the  several  meanderings  of  the 
main  branch  of  the  said  Pike  Creek  to  the  intersection  of  said 
Creek  with  the  public  road  at  the  Mill  now  or  lately  owned  by 
William  M.  Logan;  thence  with  the  center  line  of  said  public 
road  until  it  strikes  the  Limestone  Road  at  Harmony  School 


105 

House ;  thence  with  the  center  line  of  said  Limestone  Road  to 
Mermaid ;  thence  with  the  center  line  of  the  public  road  pass- 
ing by  Bed  Clay  Creek  Church  until  it  strikes  Red  Clay  Creek 
at  Barker's  Bridge ;  thence  down  said  Bed  Clay  Creek  with  the 
various  courses  thereof  until  it  joins  White  Clay  Creek;  thence 
Westerly  by  said  White  Clay  Creek  to  the  mouth  of  Pike 
Creek,  the  place  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  stone  house  now  or  lately  occupied  by  David 
Ecoff  in  the  Village  of  Marshallton. 

N.  C.  10.  The  Second  Election  District  of  the  Eighth  Repre- 
sentative District  is  all  that  portion  of  Mill  Creek  Hundred 
bounded  by  a  line  beginning  at  the  intersection  of  Pike  Creek 
with  the  public  road  at  the  Mill  now  or  lately  owned  by  Wil- 
liam M.  Logan,  thence  up  said  Pike  Creek  with  the  several 
meanderings  of  the  main  branch  thereof  to  the  center  line  of 
the  public  road  leading  from  Pike  Creek  to  Corner  Ketch,  near 
the  residence  now  or  late  of  Ellwood  Woodward ;  thence  West- 
erly by  the  center  line  of  said  road  to  its  intersection  with  the 
center  line  of  the  public  road  leading  from  Corner  Ketch  to 
the  Mill  Creek  Meeting  House ;  thence  Northerly  by  the  center 
line  of  the  road  last  aforesaid,  passing  said  Meeting  House  and 
the  residence  of  Thomas  C.  Mitchell  to  the  fork  of  said  road, 
and  thence  by  the  center  line  of  the  westerly  fork  of  said  road 
to  the  Pennsylvania  State  boundary  line ;  thence  easterly  along 
said  State  boundary  line  until  it  intersects  with  Red  Clay 
Creek;  thence  down  said  Red  Clay  Creek  to  Barker's  Bridge; 
thence  by  the  center  line  of  the  public  road  leading  from  said 
Barker's  Bridge  towards  Red  Clay  Creek  Church  Westerly  by 
Red  Clay  Creek  Church  to  Mermaid  on  the  Limestone  Road; 
thence  with  the  center  line  of  said  Limestone  Road  to  Harmony 
School  House ;  thence  with  the  center  line  of  the  public  road 
leading  from  Harmony  School  House  to  the  mill  on  Pike  Creek, 
now  or  lately  owned  by  William  M  Logan,  the  place  of  Begin- 
ning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  District  School  House  No.  29  in  the  Town 
of  Hockessin. 

N.  C.  11.  The  Third  Election  District  of  the  Eighth  Repre- 
sentative District  is  all  that  portion  of  Mill  Creek  Hundred 
bounded  by  a  line  beginning  at  the  intersection  of  Pike  Creek 
with  White  Clay  Creek,  thence  with  the  several  meanderings 
of  the  main  branch  of  said  Pike  Creek  to  the  center  line  of  the 


106 

public  road  leading  from  Pike  Creek  to  Corner  Ketch  near  the 
residence  now  or  lately  of  Ellwood  Woodward;  thence  West- 
erly by  the  center  line  of  said  Road  to  its  intersection  with  the 
center  line  of  the  public  road  leading  from  Corner  Ketch  to 
the  Mill  Creek  Meeting  House ;  thence  Northerly  by  the  center 
line  of  the  Road  last  aforesaid  and  passing  said  Meeting  House 
and  the  residence  of  Thomas  C.  Mitchell  to  the  fork  of  said 
road;  and  thence  by  the  center  line  of  the  Westerly  fork  of 
said  road  to  the  Pennsylvania  State  boundary  line ;  thence 
westerly  along  said  State  boundary  line  to  its  intersection  with 
White  Clay  Creek,  and  thence  down  said  White  Clay  Creek  by 
its  several  courses  to  the  mouth  of  Pike  Creek,  the  place  of 
Beginning. 

All  persons  entitled  to  vote  in  said  Third  Election  District 
shall  vote  at  District  School  House  No.  37,  at  Milford  Cross 
Roads. 

N.  C.  12.  The  First  Election  District  of  the  Ninth  Representa- 
tive District  is  all  that  portion  of  White  Clay  Creek  Hundred 
bounded  by  a  line  beginning  at  the  point  on  the  Pennsylvania 
State  Line  where  White  Clay  Creek  intersects  said  State  Line, 
thence  Southerly  by  said  White  Clay  Creek  to  the  mouth  of 
Booby  Run;  thence  up  said  Booby  Run  to  the  Creek  Road; 
thence  Southerly  by  the  center  line  of  said  Creek  Road  and 
by  the  center  line  of  North  College  Avenue  to  the  intersction 
of  said  North  College  Avenue  with  Main  Street  in  the  Town  of 
Newark ;  thence  Easterly  by  the  center  line  of  said  Main  street 
to  the  point  where  it  intersects  South  College  Avenue ;  thence 
with  the  center  line  of  said  South  College  Avenue  and  the  De- 
pot Road  Southerly  to  the  boundary  line  of  Pencader  Hundred ; 
thence  Westerly  by  the  boundary  line  of  Pencader  Hundred 
until  it  intersects  the  Maryland  State  Line ;  thence  Northerly 
along  the  State  Lines  of  Maryland  and  Pennsylvania  to  the 
intersection  of  White  Clay  Creek  with  said  Pennsylvania  State 
Line,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  public  house  known  as  Deer  Park  Hotel 

N.  C.  13.  The  Second  Election  District  of  the  Ninth  Represen- 
tative District  is  all  that  portion  of  White  Clay  Creek  Hun- 
dred bounded  by  a  line  beginning  at  the  mouth  of  Booby  Run 
on  White  Clay  Creek,  thence  up  said  Booby  Run  to  the  Creek 
Road;  thence  Southerly  by  the  center  line  of  said  Creek  Road 
and  by  the  center  line  of  North  College  Avenue  to  Main  Street 


107 

in  the  Town  of  Newark ;  thence  Easterly  by  the  center  line  of 
said  Main  Street  to  the  point  where  it  intersects  South  College 
Avenue ;  thence  with  the  center  line  of  said  South  College  Ave- 
nue and  the  Depot  Road  Southerly  to  the  boundary  line  of  Pen- 
cader  Hundred ;  thence  Easterly  by  the  boundary  line  of  Pen- 
cader  Hundred  to  the  Northeast  Corner  of  said  Pencader  Hun- 
dred on  or  near  the  property  now  or  late  of  Robert  Cook,  form- 
erly of  A.  B.  Crawford :  thence  running-  due  North  from  the 
said  Northeast  Corner  of  Pencader  Hundred  to  a  Run  known 
as  Scott 's  Run ;  thence  along  said  Run  Northerly  to  its  junction 
with  White  Clay  Creek ;  thence  Westerly  and  Northerly  along 
the  course  of  said  White  Clay  Creek,  being  the  boundary  of 
Mill  Creek  Hundred,  to  the  Pennsylvania  State  Line ;  and 
thence  along  said  State  line  to  the  inouth  of  Booby  Run,  the 
place  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  public  house  known  as  the  Washington 
House. 

N.  C.  14.  The  Third  Election  District  of  the  Ninth  Represen- 
tative District  is  all  that  portion  of  White  Clay  Creek  bounded 
by  a  line  beginning  at  the  Northeast  corner  of  Pencader  Hun- 
dred on  or  near  the  property  now  or  late  of  Robert  Cook,  form- 
erly of  A.  B.  Crawford,  thence  running  due  North  to  a  Run 
known  as  Scott's  Run;  thence  along  said  Run  to  its  junction 
with  White  Clay  Creek ;  thence  Easterly  down  said  White  Clay 
Creek,  being  the  boundary  of  Mill  Creek  and  Christiana  Hun- 
dreds, to  its  junction  with  Christiana  Creek;  thence  up  said 
Christiana  Creek  by  its  various  meanderings,  being  the  bound- 
ary of  New  Castle  and  Pencader  Hundreds,  until  it  intersects 
the  boundary  line  of  Pencader  Hundred;  thence  Northerly 
along  said  boundary  line  of  Pencader  Hundred  to  the  point  of 
Beginning. 

All  persons  entitled  to  vote  in  said  Third  Election  District 
shall  vote  at  the  public  house  in  the  Town  of  Christiana  known 
as  Christiana  Hotel,  now  or  lately  kept  by  William  B.  Cur- 
rinder. 

N.  C.  15.  The  First  Election  District  of  the  Tenth  Representa- 
tive District  is  all  that  portion  of  New  Castle  Hundred  bounded 
by  a  line  beginning  at  the  Delaware  River  in  the  center  line  of 
Delaware  Street  in  the  City  of  New  Castle,  thence  by  the  said 
center  line  of  Delaware  Street  until  it  intersects  the  center  line 
of  Fourth  Street ;  thence  bv  the  said  center  line  of  Fourth 


108 

Street  until  it  intersects  the  center  line  of  the  street  or  road 
leading  from  New  Castle  to  Wilmington;  thence  by  the  said 
center  line  of  said  street  or  road  to  a  point  where  said  road  or 
highway  reaches  the  limits  of  New  Castle  Hundred  near  Eden 
Park ;  thence  by  the  boundary  of  said  Hundred  to  the  Delaware 
River  and  thence  by  said  river  to  the  place  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  old  Court  House  in  the  City  of  New  Castle. 

N.  C.  16.  The  Second  Election  District  of  the  Tenth  Represen- 
tative District  is  all  that  portion  of  New  Castle  Hundred 
bounded  by  a  line  beginning  at  the  point  of  intersection  of 
Fourth  Street  and  Delaware  Street  in  the  City  of  New  Castle, 
thence  by  the  said  center  line  of  Fourth  Street  until  it  inter- 
sects the  center  line  of  the  street  or  road  leading  from  New 
Castle  to  Wilmington ;  thence  by  the  said  center  line  of  said 
street  or  road  to  a  point  where  said  road  or  highway  reaches 
the  limits  of  New  Castle  Hundred,  near  Eden  Park;  thence 
Westerly  by  the  boundary  of  said  Hundred  to  a  point  in  the 
center  line  of  the  Christiana  River;  thence  by  the  center  line 
of  said  Christiana  River  to  a  point  in  the  center  of  the  draw- 
bridge over  said  River  at  the  Town  of  Newport;  thence  from 
the  center  of  said  River  by  the  center  line  of  the  road  leading 
from  Newport  to  New  Castle  until  said  road  intersects  the  road 
known  as  the  New  Castle  and  Frenchtown  Road  (or  Delaware 
Street  extended) ;  thence  by  the  said  road  or  street  to  the  place 
of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  shop  of  Charles  H.  Clewell  in  the  City 
of  New  Castle. 

N.  C.  17.  The  Third  Election  District  of  the  Tenth  Representa- 
tive District  is  all  that  portion  of  New  Castle  Hundred  bounded 
by  a  line  beginning  at  a  point  in  the  center  of  the  drawbridge 
over  the  Christiana  River  at  Newport;  thence  from  the  center 
of  said  River  by  the  center  line  of  the  road  leading  from  New- 
port to  New  Castle  until  the  said  road  intersects  the  road 
known  as  the  New  Castle  and  Frenchtown  Road  (or  Delaware 
Street  extended)  ;  thence  by  road  or  street  to  the  center  line 
of  the  right  of  wray  of  the  Wilmington  and  New  Castle  cut-off 
Delaware  Railroad ;  thence  by  said  center  line  of  said  Delaware 
right  of  way  of  the  cut-off  of  the  Delaware  Railroad  un- 
til said  cut-off  intersects  the  right  of  way  of  the  main  line  of  the 
Delaware  Railroad;  thence  by  center  line  of  said  Delaware 
Railroad  until  it  intersects  the  center  line  of  the  public  road 


109 

at  State  Road  Station ;  thence  by  the  center  line  of  said  public 
road  to  a  point  dividing  lands  of  James  W.  Denning  from  lands 
late  of  John  Johns ;  thence  by  said  dividing  line  to  a  point  in 
the  center  of  the  right  of  way  of  the  Delaware  Railroad ;  thence 
by  the  center  of  said  right  of  way  to  the  point  of  intersection 
of  the  road  (extended)  that  leads  from  the  New  Castle  and 
Frenchtown  road  to  the  road  that  leads  from  New  Castle  to 
Christiana ;  and  thence  by  the  center  line  of  said  road  and  the 
extension  of  said  center  line  to  the  center  line  of  the  Christiana 
River ;  thence  by  the  center  line  of  said  River  to  the  place  of 
Beginning. 

All  persons  entitled  to  vote  in  said  Third  Election  District 
shall  vote  at  the  store  of  John  E.  Taylor,  Northwest  corner  of 
Ninth  and  Clayton  Streets  in  the  City  of  New  Castle,  Dela- 
ware. 

N.  C,  18.  The  Fourth  Election  District  of  the  Tenth  Repre- 
sentative District  is  all  that  portion  of  New  Castle  Hundred 
bounded  by  a  line  beginning  at  a  point  in  the  center  line  of  the 
right  of  way  of  the  cut-off  of  the  Delaware  Railroad 
where  it  intersects  Delaware  Street  (extended)  in  the  City  of 
New  Castle,  thence  by  the  center  line  of  said  Delaware  Street 
to  the  Delaware  River ;  thence  by  the  said  Delaware  River  to  a 
point  dividing  lands  of  Florence  B.  Hilles  from  lands  of  Mark 
M.  Cleaver;  thence  by  said  dividing  line  to  the  center  line 
of  the  public  road  leading  from  New  Castle  to  Delaware  City ; 
thence  by  the  center  line  of  said  public  road  to  a  point  of  inter- 
section with  the  road  known  as  Federal  School  Lane;  thence 
by  the  center  line  of  said  road  to  the  center  line  of  the  road 
leading  from  Wilmington  to  Red  Lion;  thence  by  the  center 
line  of  said  road  to  a  point  in  the  center  line  of  the  right  of 
way  of  the  Delaware  Railroad  at  State  Road  Station;  thence 
by  said  center  line  of  said  right  of  way  to  a  point  of  intersec- 
tion with  the  right  of  way  of  the  Wilmington  and  New  Castle 
cut-off  of  the  Delaware  Railroad;  thence  by  the  center  line  of 
said  cut-off  right  of  way  to  the  place  of  Beginning. 

All  persons  entitled  to  vote  in  said  Fourth  Election  Dis- 
trict shall  vote  at  the  building  of  the  Good  Will  Fire  Company 
in  the  City  of  New  Castle. 

N.  C.  19.  The  Fifth  Election  District  of  the  Tenth  Represen- 
tative District  is  all  that  portion  of  New  Castle  Hundred 
bounded  by  a  line  beginning  at  a  point  on  the  Delaware  River 


110 

dividing  lands  of  Florence  B.  Hilles  from  lands  of  Mark  M. 
Cleaver;  thence  by  said  dividing  line  to  the  center  line  of  the 
public  road  leading  from  New  Castle  to  Delaware  City;  thence 
by  the  center  line  of  said  public  road  to  a  point  of  intersection 
with  the  road  known  as  Federal  School  Lane ;  thence  by  the 
center  line  of  said  road  to  the  center  line  of  the  road  leading 
from  Wilmington  to  Red  Lion ;  thence  by  the  center  line  of  said 
road  to  a  point  dividing  lands  of  James  W.  Denning  from 
lands  late  of  John  Johns ;  thence  by  said  line  to  the  center  line 
of  the  right  of  way  of  the  Delaware  Railroad;  thence  by  the 
center  of  said  right  of  way  to  a  point  of  intersection  of  the 
road  (extended)  that  leads  from  the  New  Castle  and  French- 
town  road  to  the  road  that  leads  from  New  Castle  to  Christi- 
ana ;  thence  by  the  center  line  of  said  road  and  the  extension 
of  said  center  line  to  the  center  line  of  the  Christiana  River; 
thence  by  the  center  line  of  said  River  and  other  lines  dividing 
New  Castle  Hundred  from  White  Clay  Creek,  Pencader  and 
Red  Lion  Hundreds  to  the  Delaware  River ;  and  thence  by  said 
River  to  the  place  of  Beginning. 

All  persons  entitled  to  vote  in  said  election  district  shall 
vote  at  Odd  Fellow's  Hall  in  the  Village  of  Bear. 

N.  C.  20.  The  First  Election  District  of  the  Eleventh  Repre- 
sentative District  is  all  that  portion  of  Pencader  Hundred 
bounded  by  a  line  beginning  at  the  intersection  of  the  New  Cas- 
tle and  Frenchtowii  Turnpike  leading  to  State  Road  Station 
where  it  intersects  the  Maryland  State  boundary  line,  thence 
by  the  center  line  of  said  Turnpike  in  a  Northeasterly  course 
through  the  Village  of  Glasgow  to  the  intersection  of  said 
Turnpike  with  the  boundary  line  between  Pencader  Hundred 
and  New  Castle  Hundred ;  thence  Northerly  along  said  bound- 
ary line  to  the  Christiana  Creek;  thence  Westerly,  North- 
easterly and  Westerly  along  the  boundary  line  between  Pen- 
cader Hundred  and  White  Clay  Creek  Hundred  to  the  Mary- 
land State  Line ;  thence  Southerly  along  said  Maryland  State 
Line  to  the  center  of  said  New  Castle  and  Frenchtown  Turn- 
pike, the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  building  now  or  lately  owned  or  occupied  by 
William  C.  Brooks. 

N.  C.  21.  The  Second  Election  District  of  the  Eleventh  Repre- 
sentative District  is  all  that  portion  of  Pencader  Hundred 
bounded  by  a  line  beginning  at  the  intersection  of  the  New 


Ill 

Castle  and  Frenchtown  Turnpike  leading  to  State  Road  Sta- 
tion, where  it  intersects  the  Maryland  State  Boundary  Line, 
thence  by  the  center  line  of  said  Turnpike  in  a  Northeasterly 
Course  through  the  Village  of  Glasgow  to  the  intersection  of 
said  Turnpike  with  the  boundary  line  between  Pencader  Hun- 
dred and  New  Castle  Hundred;  thence  Southerly  by  the  bound- 
ary lines  between  Pencader  Hundred  and  the  Hundreds  of 
New  Castle,  Red  Lion  and  St.  Georges;  thence  Westerly  by  the 
boundary  lines  between  Pencader  Hundred  and  St.  Georges 
Hundred  to  the  Maryland  State  Line ;  thence  Northerly  along 
said  Maryland  State  Line  to  the  center  line  of  said  New  Castle 
and  Frenchtown  Turnpike,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  house  now  or  lately  occupied  by  Samuel 
M.  McClenaghan. 

N.  C.  22.  The  First  Election  District  of  the  Twelfth  Repre- 
sentative District  is  all  that  portion  of  Red  Lion  Hundred 
bounded  by  a  line  beginning  on  the  Delaware  River  at  the 
mouth  of  St.  Georges  Creek,  thence  proceeding  up  the  center 
line  of  said  Creek  to  the  Chesapeake  and  Delaware  Canal; 
thence  crossing  said  Canal  and  continuing  up  the  center  line 
of  said  Creek  from  the  Northerly  side  of  said  Canal  to  Dragon 
Creek ;  thence  with  the  center  line  of  said  Dragon  Creek  until 
it  intersects  the  road  known  as  the  River  Road  leading  from 
St.  Georges  to  New  Castle ;  thence  with  the  center  line  of  said 
Road  Northerly  to  Red  Lion  Creek;  thence  down  the  center 
line  of  the  said  Red  Lion  Creek  to  the  Delaware  River;  and 
thence  down  said  River,  including  Fort  Delaware,  to  St. 
Georges  Creek,  the  place  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  School  House  in  District  No.  76  in  Delaware 
City  or  at  such  other  place  in  Delaware  City  as  the  Inspector 
who  publishes  the  election  shall  designate. 

N.  C.  23.  The  Second  Election  District  of  the  Twelfth  Repre- 
sentative District  is  all  that  portion  of  Red  Lion  Hundred 
bounded  by  a  line  beginning  on  the  Delaware  River  at  the 
mouth  of  St.  Georges  Creek,  thence  proceeding  up  the  center 
line  of  said  Creek  to  the  Chesapeake  and  Delaware  Canal; 
thence  crossing  said  Canal  and  continuing  up  the  center  line 
of  said  Creek  from  the  northerly  side  of  said  Canal  to  Dragon 
Creek ;  thence  writh  the  center  line  of  said  Dragon  Creek  until 
it  intersects  the  Road  known  as  the  River  Road  leading  from 


112 

St.  Georges  to  New  Castle ;  thence  with  the  center  line  of  said 
Eoad  northerly  to  Red  Lion  Creek;  thence  Westerly  up  said 
Eed  Lion  Creek  and  along  the  boundary  line  between  Red  Lion 
and  New  Castle  Hundreds  and  Southwesterly  along  the  bound- 
ary line  between  Red  Lion  Hundred  and  Pencader  Hundred; 
and  thence  Easterly  along  the  boundary  line  between  Red  Lion 
Hundred  and  St.  Georges  Hundred  to  the  mouth  of  St.  Georges 
Creek,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  public  house  now  or  lately  occupied  by 
John  Sutton,  Jr.  in  the  Village  of  St.  Georges. 

N.  C.  24.  The  First  Election  District  of  the  Thirteenth  Repre- 
sentative District  is  all  that  portion  of  St.  Georges  Hundred 
bounded  by  a  line  beginning  at  the  mouth  of  a  small  branch 
emptying  into  Appoquinimink  Creek  between  lands  now  or 
late  of  William  A.  Cochran  and  lands  now  or  late  of  Alexander 
M.  Vail;  thence  by  a  straight  line  through  lands  now  or  late 
of  William  A.  Cochran  and  lands  now  or  late  of  Richard  W. 
Cochran,  crossing  the  public  road  leading  from  Middletown 
to  Odessa  at  the  point  where  it  is  intersected  by  the  road  lead- 
ing from  said  Middletown  and  Odessa  Road  to  the  Brick  Mill ; 
thence  along  the  center  line  of  said  road  leading  to  the  brick 
mill  and  crossing  the  dam  belonging  to  said  mill  to  the  center 
of  the  road  leading  from  Odessa  to  Armstrong's  Corner;  thence 
with  the  center  line  of  the  Road  leading  from  Odessa  to  Arm- 
strong's Corner  to  the  point  where  it  intersects  the  Delaware 
Railroad;  thence  with  the  center  line  of  the  right  of  way  of 
said  Railroad  Northerly  to  Mt.  Pleasant  and  to  the  center  line 
of  the  public  road  leading  from  Mt.  Pleasant  to  Boyd's  Cor- 
ner; thence  along  the  center  line  of  the  last  mentioned  Road 
Easterly  to  Boyd  's  Corner ;  thence  by  the  center  line  of  said  last 
mentioned  road  as  it  leads  to  Port  Penn  until  it  intersects  Aug- 
ustine Creek  •  thence  down  the  center  line  of  the  said  Creek  by 
the  various  courses  thereof  to  the  Delaware  River;  thence 
down  the  Delaware  River  to  the  mouth  of  Appoquinimink 
/Creek ;  thence  up  the  center  line  of  said  Appoquinimink  Creek 
to  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  Distiiet 
shall  vote  at  the  Public  House  now  or  lately  occupied  by  Wil- 
liam T.  Chance  in  the  Town  of  Odessa. 

N.  C.  25.  The  Second  Election  District  of  the  Thirteenth 
Representative  District  is  all  that  portion  of  St.  Georges  Hun- 
dred bounded  by  a  line  beginning  on  the  Delaware  River  at  the 


113 

mouth  of  St.  Augustine  Creek,  thence  up  said  Creek  with  the 
center  line  thereof  to  the  point  where  it  intersects  the  public- 
road  leading  from  Port  Penn  to  Boyd's  Corner  and  Mt.  Pleas- 
ant ;  thence  Westerly  with  the  center  line  of  said  Road  to 
Boyd's  Corner;  thence  Westerly  with  the  center  line  of  said 
last  mentioned  Road  to  the  center  line  of  the  Delaware  Rail- 
road at  Mt.  Pleasant ;  thence  Northerly  along  the  center  line 
of  the  right  of  way  of  said  Railroad  to  the  center  line  of  the 
Chesapeake  and  Delaware  Canal;  thence  Easterly  along  the 
boundary  line  between  the  Hundred  of  St.  Georges  and  the 
Hundred  of  Red  Lion  to  the  Delaware  River ;  thence  Southerly 
along  said  Delaware  River,  including  Reedy  Island,  to  the 
mouth  of  St.  Augustine  Creek,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
tiict  shall  vote  at  the  old  Hotel  in  the  Town  of  Port  Penn. 

N.  0.  26.  The  Third  Election  District  of  the  Thirteenth  Repre- 
sentative District  is  all  that  portion  of  St.  Georges  Hundred 
bounded  by  a  line  beginning  at  the  mouth  of  a  small  Branch 
emptying  into  Appoquinimink  Creek  between  lands  now  or  late 
of  William  A.  Cochran  and  lands  now  or  late  of  Alex- 
ander M.  Vail,  thence  by  a  straight  line  through  lands  now  or 
late  of  William  A.  Cochran  and  lands  now  or  late  of 
Richard  W.  Cochran,  crossing  the  public  road  leading  from 
Middle  town  to  Odessa  at  the  point  where  it  is  intersected  by 
the  road  leading  from  said  Middletown  and  Odessa  Road  to  the 
brick  mill ;  thence  along  the  center  line  of  said  road  leading  to 
the  brick  mill  and  crossing  the  dam  belonging  to  said  mill  to 
the  center  of  the  road  leading  from  Odessa  to  Armstrong's  Cor- 
ner; thence  with  the  center  line  of  the  road  leading  from 
Odessa  to  Armstrong's  Corner  to  the  point  where  it  intersects 
the  Delaware  Railroad ;  and  thence  with  the  center  line  of  the 
right  of  way  of  said  Railroad  Southerly  to  the  point  where  said 
Railroad  intersects  the  public  road  leading  from  Summit 
Bridge  to  Middletown ;  thence  with  the  center  line  of  said  last 
mentioned  public  road  and  with  the  center  line  of  Broad  Street 
in  the  Town  of  Middletown  to  the  intersection  of  said  Broad 
Street  with  Main  Street  in  the  said  Town  of  Middletown; 
thence  Westerly  with  the  center  line  of  said  Main  Street  and 
with  the  center  line  of  the  Road  leading  from  Warwick,  Mary- 
land, to  Middletown,  Delaware,  to  the  intersection  of  said 
Road  with  the  Maryland  State  Line;  thence  Southerly  along 
said  State  Line  to  the  boundary  line  between  the  Hundred  of 
St.  Georges  and  the  Hundred  of  Appoquinimink ;  thence  West- 


114 

erly  along  said  last  mentioned  boundary  line  to  the  point  of 
Beginning. 

All  persons  entitled  to  vote  in  said  Third  Election  District 
shall  vote  at  the  public  house  now  or  lately  occupied  by  George 
W.  Ortlip. 

N.  C.  27.  The  Fourth  Election  District  of  the  Thirteenth 
Eepresentative  District  is  all  that  portion  of  St.  Georges  Hun- 
dred bounded  by  a  line  beginning  at  the  line  dividing  the  State 
of  Delaware  from  the  State  of  Maryland,  where  the  road  lead- 
ing from  Warwick,  Maryland,  to  Middletown,  Delaware,  inter- 
sects the  same,  and  thence  with  the  center  line  of  said  Road 
and  with  the  Main  Street  of  the  Town  of  Middletown  to  the 
intersection  of  said  Main  Street  and  Broad  Street ;  thence  with 
the  center  line  of  said  Broad  Street  and  the  public  road  leading 
to  Summit  Bridge  Northerly  to  the  Delaware  Railroad ;  thence 
along  the  center  line  of  the  right  of  way  of  said  Delaware  Bail- 
road  to  the  Chesapeake  and  Delaware  Canal;  thence  Westerly 
along  the  boundary  line  between  the  Hundred  of  St.  Georges 
and  the  Hundreds  of  Red  Lion  and  Pencader  to  the  Maryland 
State  boundary  line;  and  thence  Southerly  by  said  State 
boundary  line  to  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Fourth  Election  Dis- 
trict shall  vote  at  the  public  house  now  or  lately  occupied  by 
Alexander  Maxwell  in  the  Town  of  Middletown. 

N.  C.  28.  The  First  Election  District  of  the  Fourteenth  Repre- 
sentative District  is  all  that  portion  of  Appoquinimink  Hun- 
dred bounded  by  a  line  beginning  in  the  center  line  of  the  right 
of  way  of  the  Delaware  Railroad  where  the  said  Railroad  inter- 
sects the  boundary  line  between  the  Hundred  of  Blackbird  and 
the  Hundred  of  Appoquinimink,  thence  Northerly  with  said 
Railroad  through  the  Town  of  Townsend  to  the  point  where 
said  Railroad  intersects  the  boundary  line  between  the  Hun- 
dred of  Appoquinimink  and  the  Hundred  of  St.  Georges; 
thence  Easterly  along  the  boundary  line  between  the  Hun- 
dreds of  St.  Georges  and  Appoqinimink  to  the  Delaware  River ; 
thence  down  said  Delaware  River  to  the  boundary  line  between 
the  Hundred  of  Appoquinimink  and  the  Hundred  of  Black- 
bird; thence  Southwesterly  along  the  boundary  line  between 
the  Hundred  of  Appoquinimink  and  the  Hundred  of  Black- 
bird to  the  center  line  of  the  Delaware  Railroad,  the  point  of 
Beginning. 


115 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  office  building  now  or  late  of  Daniel  B. 
Maloney  in  the  Town  of  Townsend. 

N.  C.  29.  The  Second  Election  District  of  the  Fourteenth 
Representative  District  is  all  that  part  of  Appoquinimink  Hun- 
dred bounded  by  a  line  beginning  in  the  center  line  of  the  right 
of  way  of  the  Delaware  Railroad,  where  the  said  Railroad  in- 
tersects the  boundary  line  between  the  Hundred  of  Blackbird 
and  the  Hundred  of  Appoquinimink,  thence  Northerly  with 
said  Railroad  through  the  Town  of  Townsend  to  the  point 
where  said  Railroad  intersects  the  boundary  line  between  the 
Hundred  of  Appoquinimink  and  the  Hundred  of  St.  Georges ; 
thence  Westerly  by  said  boundary  line  to  the  Maryland  State 
boundary  line ;  thence  Southerly  along  said  State  boundary 
line  to  Cyprus  Creek,  where  it  intersects  said  State  boundary 
line ;  thence  Northerly  and  Easterly  along  the  center  line  of 
said  Cyprus  Creek  and  the  boundary  line  between  the  Hun- 
dreds of  Appoquinimink  and  Blackbird  to  the  Delaware  Rail- 
road, the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  District 
shall  vote  at  the  Hotel  now  or  lately  occupied  by  James  C. 
Townsend  in  the  Town  of  Townsend. 

N.  C.  30.  The  First  Election  District  of  the  Fifteenth  Repre- 
sentative District  is  all  that  portion  of  Blackbird  Hundred 
bounded  by  a  line  beginning  in  the  center  of  the  State  Road  at 
Smyrna  River  Bridge  in  the  boundary  line  between  the  Coun- 
ties of  Kent  and  New  Castle,  thence  from  said  Bridge  by  the 
center  line  of  said  State  Road  Northerly  through  the  Village 
of  Blackbird  to  Blackbird  Creek,  the  dividing  line  between  the 
Hundreds  of  Blackbird  and  Appoquinimink;  thence  North- 
easterly down  Blackbird  Creek  by  its  various  courses,  being  the 
boundary  line  between  the  Hundreds  of  Appoquinimink  and 
Blackbird  to  the  Delaware  River;  thence  dowrn  said  Delaware 
River  to  the  mouth  of  Smyrna  River;  thence  Westerly  along 
the  center  line  of  %aid  Smyrna  River,  being  the  boundary  line 
between  the  Counties  of  Kent  and  New  Castle,  to  the  center 
line  of  the  State  Road  at  Smyrna  River  Bridge,  the  point  of 
Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  Hotel  now  or  lately  occupied  by  Vincent  0. 
Hill  in  the  Village  of  Blackbird. 

N.  C.  31.     The  Second  Election  District  of  the  Fifteenth  Repre- 


116 

sentative  District  is  all  that  portion  of  Blackbird  Hundred 
bounded  by  a  line  beginning  in  the  center  of  the  State  Road  at 
Smyrna  Eiver  Bridge  in  the  boundary  line  between  the  Coun- 
ties of  Kent  and  New  Castle,  thence  from  said  Bridge 
by  the  center  line  of  said  State  Road  Northerly 
through  the  Village  of  Blackbird  to  Blackbird  Creek,  the 
dividing  line  between  the  Hundreds  of  Blackbird  and  Appo- 
quinimink ;  thence  Westerly  by  said  boundary  line  to  the  Mary- 
land State  Line;  thence  Southerly  along  said  State  boundary 
line  to  its  intersection  with  the  boundary  line  between  the 
Counties  of  Kent  and  New  Castle;  thence  Easterly  by  said 
County  boundary  line  to  the  center  of  the  State  Road  at  Smyr- 
na River  Bridge,  the  point  of  beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
tiict  shall  vote  at  the  office  now  or  late  of  the  Road  Commis- 
sioners for  Blackbird  Hundred  in  the  Town  of  Blackbird. 

For  Kent  County. 

K.  1.  The  First  Election  District  of  the  First  Representative 
District  is  all  that  portion  of  Duck  Creek  Hundred  bounded 
by  a  line  beginning  in  the  center  line  of  the  State  Road  at  the 
Bridge  across  Smyrna  River  at  Duck  Creek  Mills  at  the  bound- 
ary line  between  Kent  and  New  Castle  Counties,  running 
thence  Southerly  by  the  center  line  of  said  State  Road  through 
Smyrna  to  the  Bridge  at  Garrison's  Mills  on  Little  River  at 
the  boundary  line  between  Duck  Creek  Hundred  and  Little 
Creek  Hundred ;  thence  Easterly  along  said  boundary  line  to 
the  Delaware  River;  thence  Northerly  along  the  Delaware 
River  to  the  boundary  line  of  Blackbird  Hundred ;  thence 
Westerly  along  said  boundary  line  to  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  Smyrna  House  in  the  Town  of  Smyrna. 

K.  2.  The  Second  Election  District  of  the  First  Representative 
District  is  all  that  portion  of  Duck  Creek  Hundred  bounded 
by  a  line  beginning  in  the  center  line  of  the  State  Road  at  the 
Bridge  across  Smyrna  River  at  Duck  Creek  Mills  at  the 
boundary  line  between  Kent  and  New  Castle  Counties,  running 
thence  Southerly  by  the  center  line  of  said  State  Road  through 
Smyrna  to  the  Bridge  at  Garrison's  Mills  on  Little  River  at 
the  boundary  line  between  Duck  Creek  Hundred  and  Little 
Creek  Hundred ;  thence  Westerly  by  the  boundary  line  between 
Duck  Creek  Hundred  and  Little  Creek  Hundred  to  the  center 


117 

line  of  the  right  of  way  of  the  Delaware  Railroad;  thence 
Northerly  along  said  center  line  of  said  right  of  way  between 
Kenton  Hundred  and  Duck  Creek  Hundred  to  the  Southerly 
boundary  line  of  Blackbird  Hundred;  thence  Easterly  by  the 
boundary  line  between  Blackbird  Hundred  and  Duck  Creek 
Hundred  to  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  town  Hall  in  the  Town  of  Smyrna. 

K.  3.  The  First  Election  District  of  the  Second  Representa- 
tive District  is  Little  Creek  Hundred. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  office  now  or  lately  occupied  by  Ezekiel  "W. 
Reed  in  the  Town  of  Leipsic. 

K.  4.  The  Second  Election  District  of  the  Second  Representa- 
tive District  is  all  that  portion  of  East  Dover  Hundred  bound- 
ed by  a  line  beginning  at  the  Bridge  over  the  Race  at  Moore's 
xMill  in  the  center  of  the  public  road  leading  from  Dover  to  Ris- 
ing Sun  on  the  Southerly  boundary  of  East  Dover  Hundred, 
thence  running  Northerly  with  the  center  of  said  public  road 
and  State  Street  in  the  Town  of  Dover  through  said  Town  of 
Dover  to  the  Westerly  side  of  the  Mill  Pond  formerly  known 
as  Shakespeare's  Mill  Pond;  thence  Northwesterly  along  the 
Westerly  side  of  said  Pond  and  by  the  center  line  of  Fork 
Branch  to  the  Delaware  Railroad ;  thence  in  a  Northerly  direc- 
tion by  the  center  line  of  the  right  of  way  of  said  Railroad  to 
the  boundary  line  between  Little  Creek  Hundred  and  East 
Dover  Hundred ;  thence  Easterly  by  said  boundary  line  to  the 
Delaware  River;  thence  Southerly  by  the  Delaware  River  to 
the  boundary  line  between  East  Dover  Hundred  and  North 
Murderkill  Hundred ;  and  thence  Northwesterly  by  said  bound- 
ary line  to  the  point  or  place  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  County  Court  House  Building  in  the 
Town  of  Dover. 

K.  5.  The  First  Election  District  of  the  Third  Representative 
District  is  all  that  portion  of  Kenton  Hundred  bounded  by  a 
line  beginning  at  a  point  on  the  Maryland  State  boundary  line 
where  said  boundary  line  is  intersected  by  the  center  line  of 
the  road  leading  from  Millington  to  Clayton,  thence  along  the 
center  line  of  said  road  in  an  Easterly  direction  to  the  center 
line  of  the  road  leading  to  the  Middle  Alley  Road  and  the 


118 

Kenton  Road;  thence  along  the  center  line  of  the  said  Eoad 
leading  to  the  Middle  Alley  Road  and  the  Kenton  Road  in  a 
Southerly  direction  to  the  center  line  of  the  Kenton  Road; 
thence  along  the  center  line  of  said  Kenton  Road  in  an  East- 
erly direction  to  the  Whitehouse ;  thence  in  a  Southerly  direc- 
tion along  the  center  line  of  the  Road  leading  from  the  White- 
house  to  the  Road  leading  from  Springs  Mills  to  Brenford,  and 
thence  in  an  Easterly  direction  along  the  center  line  of  said 
Road  leading  from  Springs  Mills  to  Brenford  to  the  center  line 
of  the  Delaware  Railroad  at  Brenford ;  thence  Northerly  along 
the  center  line  of  the  right  of  way  of  said  Delaware  Railroad  to 
the  boundary  line  between  the  Counties  of  Kent  and  New 
Castle;  and  thence  Westerly  along  said  boundary  line  to  the 
Maryland  State  boundary  line ;  and  thence  Southerly  along 
said  State  boundary  line  to  the  center  of  the  road  leading  from 
Millington  to  Kenton,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  in  the  building  now  or  lately  occupied  and  used  as  a 
wheelwright  shop  by  Thomas  Holladay  in  the  Town  of  Clayton. 

K.  6.  The  Second  Election  District  of  the  Third  Representa- 
tive District  is  all  that  portion  of  Kenton  Hundred  bounded 
by  a  line  beginning  at  a  point  on  the  Maryland  State  boundary 
line,  where  said  boundary  line  is  intersected  by  the  center  line 
of  the  Road  leading  from  Millington  to  Clayton,  thence  along 
the  center  line  of  said  Road  in  an  Easterly  direction  to  the 
center  line  of  the  road  leading  to  the  Middle  Alley  Road  and 
the  Kenton  Road;  thence  along  the  center  line  of  the  said 
Road  leading  to  the  Middle  Alley  Road  and  the  Kenton  Road 
in  a  Southerly  direction  to  the  center  line  of  the  Kenton  Road ; 
thence  along  the  center  line  of  said  Kenton  Road  in  an  Easterly 
direction  to  the  Whitehouse ;  thence  in  a  Southerly  direction 
along  the  center  line  of  the  road  leading  from  the  Whitehouse 
to  the  Road  leading  from  Springs  Mills  to  Brenford;  and 
thence  in  an  Easterly  direction  along  the  center  line  of  said 
Road  leading  from  Springs  Mills  to  Brenford  to  the  center  line 
of  the  Delaware  Railroad  at  Brenford ;  thence  Southerly  along 
the  center  line  of  the  right  of  way  of  said  Delaware  Rail-road 
to  the  boundary  line  between  Kenton  Hundred  and  West  Dover 
Hundred;  thence  Westerly  along  said  boundary  line  to  the 
Maryland  State  boundary  line;  thence  Northerly  along  said 
State  boundary  line  to  the  center  of  the  Road  leading  from 
Millington  to  Clayton,  the  point  of  Beginning. 


119 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  Public  House  now  or  lately  kept  by  Sam- 
uel Fortner  in  the  Town  of  Kenton. 

K.  7.  The  Election  District  of  the  Fourth  Representative  Dis- 
trict is  all  of  "West  Dover  Hundred  and  all  that  portion  of  East 
Dover  Hundred  lying  next  to  West  Dover  Hundred  and  sep- 
arated from  the  rest  of  East  Dover  Hundred  by  the  following 
boundary  lines : — Beginning  at  the  middle  of  the  public  road 
leading  from  the  Horse  Head  Road  to  Kenton,  where  said  Road 
intersects  the  boundary  line  between  Kenton  Hundred  and 
East  Dover  Hundred,  thence  running  along  the  center  line  of 
said  Road  to  the  center  line  of  the  Horse  Head  Road;  thence 
running  in  a  Westerly  direction  along  the  center  line  of  said 
Horse  Head  Road  a  short  distance  to  a  short  Road  leading  from 
the  said  Horse  Head  Road  to  the  Road  leading  from  Dover  to 
Hazlettville,  known  as  the  Hazlettville  Road;  thence  running 
along  the  center  line  of  said  short  Road  from  the  Horse  Head 
Road  to  the  said  Hazlettville  Road ;  thence  running  in  a  West- 
erly direction  along  the  center  line  of  the  said  Hazlettville  Road 
a  short  distance  to  the  Road  leading  therefrom  to  Wyoming; 
thence  running  along  the  center  line  of  the  said  Road  leading 
from  the  said  Hazlettville  Road  to  Wyoming  to  the  point  where 
it  intersects  the  boundary  line  between  East  Dover  Hundred 
and  North  Murderkill  Hundred. 

All  persons  entitled  to  vote  in  said  Election  District  shall 
vote  at  the  store  house  now  or  lately  occupied  by  Henry  Whit- 
aker  in  the  Town  of  Hazlettville. 

K.  8.  The  First  Election  District  of  the  Fifth  Representative 
District  is  all  that  portion  of  East  Dover  Hundred  bounded  by 
a  line  beginning  at  the  center  line  of  Lockerman  Street  at  its 
intersection  with  State  Street  in  the  Town  of  Dover,  thence 
running  Westerly  with  the  center  line  of  Lockerman  Street 
until  it  reaches  the  Delaware  Railroad  on  the  Southern  side  of 
the  Station  House ;  thence  Northerly  with  the  center  line  of  the 
right  of  way  of  Delaware  Railroad  until  it  intersects  with  the 
Horse  Head  Road ;  thence  in  a  Westerly  course  with  the  center 
line  of  said  Road  to  the  intersection  of  said  Road  with  the  Road 
leading  to  Kenton;  thence  by  the  center  line  of  said  Kenton 
Road  Northwesterly  to  the  Southern  boundary  line  of  Kenton 
Hundred ;  thence  Easterly  by  the  boundary  line  between  Ken- 
ton  Hundred  and  East  Dover  Hundred  to  the  center  line  of  the 
right  of  way  of  the  Delaware  Railroad;  thence  Southeasterly 
by  said  center  line  of  said  Road  to  Fork  Branch ;  thence  South- 


120 

easterly  along  the  center  line  of  said  Fork  Branch  and  the 
Westerly  side  of  the  Mill  Pond  formerly  known  as  Shakes- 
peare 's  Mill  Pond,  to  the  center  line  of  said  State  Street  in  the 
Town  of  Dover;  thence  Southerly  by  the  center  line  of  said 
State  Street  to  its  intersection  with  Lockerman  Street,  the 
point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  Armory  Building  in  the  Town  of  Dover. 

K.  9.  The  Second  Election  District  of  the  Fifth  Representa- 
tive District  is  all  that  portion  of  East  Dover  Hundred  begin- 
ning at  the  bridge  over  the  race  at  Moore's  Mill  in  the  public 
road  leading  from  Dover  to  Rising  Sun  on  the  boundary  line  be- 
tween the  Hundreds  of  East  Dover  and  North  Murderkill,  and 
thence  running  Northerly  with  the  center  line  of  said  Public 
Road  and  with  the  center  line  of  State  Street  in  the  Town  of 
Dover  until  said  State  Street  intersects  Lockerman  Street; 
thence  Westerly  with  the  center  line  of  said  Lockerman  Street 
until  it  reaches  the  Delaware  Railroad  on  the  South  side  of  the 
Station  House ;  thence  Northerly  with  the  center  line  of  the 
right  of  way  of  said  Delaware  Railroad  until  it  intersects  with 
the  Horse  Head  Road;  thence  in  a  Westerly  course  with  the 
center  line  of  said  Road  to  the  intersection  of  said  Road  with 
the  short  road  leading  from  said  Horse  Head  Road  to  the  Road 
leading  from  Dover  to  Hazlettville,  known  as  the  Hazlettville 
Road ;  thence  along  the  center  line  of  said  short  road  Southerly 
to  the  said  Hazlettville  Road ;  thence  Westerly  by  the  center 
line  of  said  Hazlettville  Road  to  the  Road  leading  therefrom 
to  Wyoming ;  thence  along  the  center  line  of  said  Wyoming 
Road  to  the  point  of  its  intersection  with  the  boundary  line  be 
tween  East  Dover  Hundred  and  North  Murderkill  Hundred; 
thence  in  an  Easterly  direction  with  said  Hundred  boundary 
line  to  the  place  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  carriage  shop  now  or  lately  occupied  by 
Robert  H.  Lewis  on  Governor's  Avenue  in  the  Town  of  Dover. 

K.  10.  The  First  Election  District  of  the  Sixth  Representative 
District  includes  all  those  portions  of  North  Murderkill  Hun- 
dred and  South  Murderkill  Hundred  bounded  by  a  line  begin- 
ning at  a  point  on  the  Maryland  Line  where  the  boundary  line 
between  West  Dover  Hundred  and  North  Murderkill  Hundred 
intersects  the  same,  thence  running  with  said  Maryland  Line 
South  to  the  point  where  the  County  Road  leading  from  Sand- 
town  to  Greensboro  intersects  the  same ;  thence  Easterly  South 


121 

of  the  Village  of  Sandtown  by  Cohee's  Shops  and  the  Public 
School  House  near  Mrs.  Charles  Warren  by  the  center  line  of 
the  public  road  leading  by  Willis'  Chapel  to  the  Big  Ash  on 
the  public  road  leading  from  Felton  to  Whiteleysburg ;  thence 
by  the  center  line  of  said  Road  to  the  Owls  Nest  Eoad ;  thence 
running  in  a  Northerly  direction  along  the  center  line  of  the 
said  Owls  Nest  Road  to  the  intersection  of  the  Cowgill  Road 
from  Woodside  to  Petersburg ;  thence  running  in  a  Northeast- 
erly direction  along  the  center  line  of  said  Cowgill  Road  to  the 
Reed  Road  running  from  Woodside  to  duPont  School  House ; 
thence  running  in  a  Northwesterly  direction  along  the  center 
line  of  said  Reed  Road  to  duPont  School  House;  thence  run- 
ning in  a  Northerly  direction  along  the  center  line  of  the  pub- 
lic road  leading  from  Willow  Grove  to  Camden  a  short  dis- 
tance to  Stubbs  Corner;  thence  running  in  a  Westerly  and 
Northwesterly  and  Westerly  direction  along  the  center  line 
of  the  public  road  leading  from  duPont  School  House  to  the 
Alms  House  to  Gray's  Corner;  thence  continuing  in  a  direct 
Westerly  line  to  the  Southern  boundary  line  of  West  Dover 
Hundred ;  thence  following  the  Southern  boundary  line  of 
West  Dover  Hundred  in  a  Westerly  direction  to  the  place  of 
Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  in  the  building  now  or  lately  owned  by  Mrs.  Annie 
Culver  in  the  Town  of  Willow  Grove. 

K.  11.  The  Second  Election  District  of  the  Sixth  Representa- 
tive District  includes  all  that  portion  of  North  Murderkill  Hun- 
dred, South  Murderkill  Hundred  and  Mispillion  Hun- 
dred, bounded  by  a  line  beginning  at  the  intersection 
of  the  Southern  line  of  South  Murderkill  Hundred, 
with  the  State  of  Maryland,  thence  running  along  the 
division  line  between  Mispillion  Hundred  and  South  Murder- 
kill  Hundred  to  the  public  road  leading  from  Whiteleysburg 
to  Harrington ;  thence  running  in  a  Southeasterly  and  East- 
erly direction  along  the  center  line  of  said  public  road  to  the 
public  road  leading  from  Masten's  Corner  to  Vernon,  at  or 
near  White's  Church ;  thence  running  in  a  Northeasterly  direc- 
tion along  the  center  line  of  the  said  public  road  leading  from 
Masten's  Corner  to  Yernon  a  short  distance  to  the  public  road 
leading  therefrom  to  the  Town  of  Harrington,  being  a  contin- 
uation of  the  road  leading  from  Whiteleysburg  to  Harrington ; 
thence  by  the  center  line  of  said  public  road  in  a  Southeasterly 
direction  to  its  intersection  with  West  Street  in  the  Town  of 
Harrington ;  thence  running  in  a  northerly  direction  along  the 


122 

center  line  of  said  West  Street  to  the  center  line  of  "Wolcott 
Street  in  said  Town  of  Harrington ;  thence  running  in  an  East- 
erly direction  along  the  center  line  of  said  Wolcott  Street  to  the 
center  line 'of  Dorman  Street  in  said  Town  of  Harrington; 
thence  running  in  a  Northerly  direction  along  the  center  line 
of  said  Dorman  Street  to  Brown's  Branch,  being  the  North- 
west corner  of  lands  now  or  late  of  Joseph  Ward ;  thence  run- 
ning in  an  Easterly  direction  with  the  course  of  said  Branch 
to  the  Delaware  Railroad ;  thence  running  in  a  Northerly  direc- 
tion along  the  center  line  of  the  right  of  way  of  said  Delaware 
Railroad  to  Beaver  Dam  Branch  in  South  Murderkill  Hundred  ; 
thence  following  the  course  of  said  Beaver  Dam  Branch  in  a 
northwesterly  direction  to  the  public  road  leading  from  Felton 
to  Whiteleysburg ;  thence  Westerly  with  the  center  line  of  said 
last  mentioned  road  to  what  is  known  as  the  ' '  Big  Ash ' ' ; 
thence  in  a  Northerly  direction  with  the  center  line  of  the  pub- 
lic road  leading  by  Willis'  Chapel;  thence  by  the  public  School 
House  near  Mrs.  Charles  Warren  and  on  by  Cohee  's  Shops  and 
Sandtown,  leaving  the  Village  to  the  North;  thence  by  the 
center  line  of  the  County  Road  leading  from  Sandtown  to 
Greensboro  to  the  Maryland  Line ;  and  thence  by  the  said 
Maryland  Line  South  to  the  place  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  Masten's  Corner  at  such  place  as  shall  be 
procured  by  the  Inspector  or  other  officer  holding  the  election 
in  said  District. 

K.  12.  The  First  Election  District  of  the  Seventh  Representa- 
District  is  all  that  portion  of  North  Murderkill  Hundred  bound- 
ed by  a  line  beginning  at  a  point  in  the  boundary  line  between 
West  Dover  Hundred  and  North  Murderkill  Hundred,  in  the 
center  of  the  public  road  running  Easterly  to  Gray's  Cornel  , 
thence  by  the  center  line  of  said  public  road  to  Gray's 
Corner;  thence  running  Easterly,  Southeasterly  and 
Easterly,  along  the  center  line  of  the  public  road  leading  from 
the  Alms  House  to  duPoiit  School  House,  to  Stubb's  Corner, 
to  the  center  line  in  the  public  road  leading  from 
Camden  to  Willow  Grove,  thence  in  a  Northeasterly 
direction  by  the  center  line  of  said  Camden  and  Willow 
Grove  Road  to  the  center  line  of  the  Cedar  Lane  Road ;  thence 
along  the  center  line  of  the  Cedar  Lane  Road  in  a  Southeast- 
erly direction  to  the  center  line  of  the  public  road  from  Cam- 
den to  Canterbury;  thence  along  the  center  line  of  said  Cam- 
den Road  a  short  distance  in  a  Northerly  direction  to  the  cen- 
ter line  of  the  public  road  leading  to  Green's  Mill  and  Rising 


123 

Sun:  thence  along  the  center  line  of  the  Green's  Mill  and  Ris- 
ing Sun  Road  in  an  Easterly  direction  to  the  center  line  of  the 
public  road  leading  from  Camden  to  Magnolia,  at  Rising  Sun; 
thence  following  the  center  line  of  said  Camden  and  Mag- 
nolia Road  in  a  Southeasterly  direction  to  the  boundary  line 
between  the  Hundred  of  North  Murderkill  and  the  Hundred 
of  South  Murderkill;  thence  Easterly  along  said  boundary 
line  to  the  boundary  line  of  East  Dover  Hundred;  thence 
Northwesterly  and  Westerly  along  the  boundary  lines  between 
North  Murderkill  Hundred  and  East  Dover  Hundred  and  West 
Dover  Hundred  to  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  building  now  or  lately  occupied  by  William 
H.  Sarde  in  the  Town  of  Camden. 

K.  13.  The  Second  Election  District  of  the  Seventh  Represen- 
tative District  is  all  that  portion  of  North  Murderkill  Hundred 
bounded  by  a  line  beginning  at  the  intersection  of  the  public 
road  leading  from  Camden  to  Magnolia  with  the  boundary  line 
between  the  Hundred  of  North  Murderkill  and  the  Hundred 
of  South  Murderkill ;  thence  Westerly  along  said  boundary 
line  to  the  intersection  of  the  Owls  Nest  Road  with  the  Cowgill 
Road  from  Woodside  to  Petersburg;  thence  running  in  a 
Northeasterly  direction  along  the  middle  of  said  Cowgill  Road 
to  the  Reed  Road  running  from  Woodside  to  duPoiit  School 
House ;  thence  running  in  a  Northwesterly  direction  along  the 
center  line  of  the  said  Reed  Road  to  duPont  School  House; 
thence  running  in  a  Northerly  direction  along  the  center  line 
of  the  public  road  leading  from  Willow  Grove  to  Camden  a 
short  distance  to  Stubbs'  Corner;  thence  in  a  Northeasterly 
direction  by  the  center  line  of  said  Camden  and  Willow  Grove 
Road  to  the  center  line  of  Cedar  Lane  Road ;  thence  along  the 
center  line  of  the  Cedar  Lane  Road  in  a  Southeasterly  direc- 
tion to  the  center  line  of  the  public  road  from  Camden  to  Can- 
terbury; thence  along  the  center  line  of  said  Camden  Road  a 
short  distance  in  a  Northerly  direction  to  the  center  line  of 
the  public  road  leading  to  Green's  Mill  and  Rising  Sun;  thence 
along  the  center  line  of  the  Green's  Mill  and  Rising  Sun  Road 
in  an  Easterly  direction  to  the  center  line  of  the  public  road 
leading  from  Camden  to  Magnolia  at  Rising  Sun;  thence  fol- 
lowing the  .center  line  of  said  Camden  and  Magnolia  Road  in 
a  Southeasterly  direction  to  its  intersection  with  the  boundary 
line  between  North  Murderkill  and  South  Murderkill  Hundred, 
the  point  of  Beginning. 


124 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  Town  of  Woodside,  at  such  place  as  shall 
be  procured  by.  the  Inspector  or  other  officer  holding  the  elec- 
tion in  said  Election  District. 

K.  14.  The  First  Election  District  of  the  Eighth  Representa- 
tive District  is  all  that  portion  of  South  Murderkill  Hundred 
bounded  by  a  line  beginning  at  a  point  at  or  near  Locust  Grove 
School  House  on  the  line  dividing  North  Murderkill  and  South 
Murderkill  Hundreds,  and  running  thence  Southerly  by  the 
center  line  of  the  public  road  leading  to  and  by  Virden's  Mill; 
and  thence  Southerly  by  the  center  line  of  the  same  public  road 
to  Boswell's  Mill;  and  thence  Southerly  by  the  same  public 
road  to  the  Felton  and  Frederica  Road;  thence  Southwesterly 
with  the  center  line  of  said  Frederica  and  Felton  Road  to 
Roe 's  Corner  on  the  Road  from  Canterbury  to  Roe 's  Village ; 
thence  Easterly  by  the  center  line  of  a  public  road  to  the  pub- 
lic road  leading  to  Spring  Mills ;  and  thence  by  the  center  line 
of  said  last  mentioned  Road  to  said  Spring  Mills;  and  thence 
Southerly  to  the  line  dividing  Milford  Hundred  from  South 
Murderkill  Hundred ;  thence  Westerly  along  the  boundary  line 
between  South  Murderkill  Hundred  and  the  Hundreds  of  Mil- 
ford  and  Mispillion,  to  the  center  line  of  the  right  of  way  of 
the  Delaware  Railroad ;  thence  Northerly  along  the  center  line 
of  said  right  of  way  to  Beaver  Dam  Branch ;  thence  following 
the  course  of  said  Beaver  Dam  Branch  in  a  Northwesterly 
direction  to  the  public  road  leading  from  Felton  to  Whiteleys- 
burg;  thence  by  the  center  line  of  said  Road  from  Felton  to 
Whiteleysburg  to  the  Owls  Nest  Road;  thence  running  in  a 
Northerly  direction  along  the  center  line  of  the  said  Owls 
Nest  Road  to  the  boundary  line  between  North  Murderkill 
Hundred  and  South  Murderkill  Hundred;  thence  Easterly 
by  said  boundary  line  to  Locust  Grove  School  House,  the  point 
of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  Public  House  now  or  lately  occupied  by  George 
C.  Herring  in  the  Town  of  Felton. 

K.  15.  The  Second  Election  District  of  the  Eighth  Repre- 
sentative District  is  all  that  portion  of  South  Murderkill  Hun- 
dred bounded  by  a  line  beginning  at  a  point  at  or  near  Locust 
Grove  School  House  on  the  line  dividing  Nortfy  Murderkill 
and  South  Murderkill  Hundreds,  and  running  thence  Southerly 
by  the  center  line  of  the  public  road  leading  to  and  by  Virden's 
Mill;  and  thence  Southerly  by  the  center  line  of  the  same 


125 

public  road  to  Boswell's  Mill;  and  thence  Southerly  by  the 
same  public  road  to  the  Felton  and  Frederica  Road;  thence 
Southwesterly  with  the  center  line  of  said  Frederica  and  Fel- 
ton Road  to  Roe's  Corner  on  the  road  from  Canterbury  to 
Roe's  Village;  thence  Easterly  by  the  center  line  of  a  public 
road  to  the  public  road  leading  to  Spring  Mills ;  and  thence  by 
the  center  line  of  said  last  mentioned  Road  to  said  Spring 
Mills ;  and  thence  Southerly  to  the  line  dividing  Milf ord  Hun- 
dred from  South  Murderkill  Hundred ;  thence  Easterly  by  said 
boundary  line  to  the  Delaware  Bay ;  thence  Northerly  by  said 
Delaware  Bay  to  the  boundary  line  between  South  Murderkill 
Hundred  and  East  Dover  Hundred;  thence  Northwesterly  by 
said  boundary  line  to  the  boundary  line  between  North  Mur- 
derkill Hundred  and  South  Murderkill  Hundred;  and  thence 
Southwesterly  by  said  last  mentioned  boundary  line  to  Locust 
Grove  School  House,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  public  house  called  the  Delaware  House 
in  the  Town  of  Frederica. 

K.  16.  The  First  Election  District  of  the  Ninth  Representative 
District  is  all  that  portion  of  Mispillion  Hundred  bounded  by 
a  line  beginning  in  the  division  line  between  Mispillion  Hun- 
dred and  South  Murderkill  Hundred  in  the  center  line  of  the 
public  road  leading  from  Whiteleysburg  in  the  State  of  Mary- 
land to  Harrington,  thence  running  in  a  Southeasterly  and 
Easterly  direction  along  the  center  line  of  said  public  road  to 
the  public  road  leading  from  Masten's  Corner  to  Vernon,  at 
or  near  White's  Church;  thence  running  in  a  Northeasterly 
direction  along  the  middle  of  said  public  road  leading  from 
Masten's  Corner  to  Vernon  a  short  distance  to  the  public  road 
leading  therefrom  to  the  Town  of  Harrington,  being  a  con- 
tinuation of  the  road  leading  from  Whiteleysburg  to  Harring- 
ton; thence  running  in  a  Southeasterly  direction  by  the  center 
line  of  said  road  to  its  intersection  with  West  Street  in  the 
Town  of  Harrington ;  thence  running  in  a  Northerly  direction 
along  the  center  line  of  said  West  Street  to  the  center  line  of 
Wolcott  Street  in  said  Town  of  Harrington ;  thence  running  in 
an  Easterly  direction  along  the  center  line  of  said  Wolcott 
Street  to  the  center  line  of  Dorman  Street  in  said  Town  of 
Harrington*:  thence  running  in  a  Northerly  direction  along  the 
•  center  line  of  said  Dorman  Street  to  Brown's  Branch,  being  the 
Northwest  corner  of  lands  now  or  late  of  Joseph  Ward ;  thence 
running  in  an  Easterly  direction  with  the  course  of  said  Branch 


126 

to  the  center  line  of  the  right  of  way  of  the  Delaware  Rail- 
road ;  thence  running  in  a  Northerly  direction  along  the  center 
line  of  said  right  of  way  of  said  Railroad  to  the  boundary  line 
between  Mispillion  Hundred  and  South  Murderkill  Hundred; 
thence  Easterly  along  said  boundary  line  to  the  boundary  line 
between  the  Hundreds  of  Milf  ord  and  Mispillion ;  thence  South- 
erly along  said  last  mentioned  boundary  line  to  the  center  line 
of  the  right  of  way  of  Junction  and  Breakwater  Railroad; 
thence  Westerly  along  the  center  line  of  the  said  right  of  way 
of  said  Railroad  until  it  intersects  with  the  center  line  of  the 
Climer  and  Wolcott  Road ;  thence  Easterly  with  the  center  line 
of  said  Climer  and  Wolcott  Road  until  it  intersects 
with  the  center  line  of  a  lane  running  Westward 
between  the  lands  of  Amos  Cole  and  Benjamin  Har- 
rington; thence  by  the  center  line  of  said  Lane 
Westward  to  the  center  line  of  the  public  road  leading  from 
Harrington  to  Farmington;  thence  by  the  center  line  of  said 
Harrington  and  Farmington  Road  until  it  intersects  with  the 
center  line  of  what  is  known  as  the  Queenstown  Road  leading 
toward  Anthony's  Cross  Roads;  thence  with  the  center  line  of 
said  Queenstown  Road  Westerly  until  it  intersects  with  the 
center  line  of  the  public  road  leading  by  Brownsville  toward 
Riley  Melvin's  Cross  Roads;  thence  Westerly  by  the  center 
line  of  said  public  road  by  Brownsville  to  Riley  Melvin's  Cross 
Roads;  thence  still  Westerly  by  the  center  line  of  said  Road 
until  it  intersects  with  the  Maryland  State  Line ;  thence  North- 
erly along  said  Maryland  State  Line  until  it  intersects  with 
the  boundary  line  between  South  Murderkill  Hundred  and 
Mispillion  Hundred ;  thence  Northeasterly  along  said  last  men- 
tioned boundary  line  to  the  center  line  of  said  Road  leading 
from  Whiteleysburg  to  Harrington,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  Town  Hall  of  Harrington  situate  in  the  Town 
of  Harrington. 

K.  17.  The  Second  Election  District  of  the  Ninth  Representa- 
tive District  is  all  that  portion  of  Mispillion  Hundred  bounded 
by  a  line  beginning  at  the  West  side  of  said  Hundred  at  the 
Maryland  Line  in  the  center  line  of  a  public  road  leading  to 
Riley  Melvin's  Cross  Roads,  thence  Easterly  by  the  center  line 
of  said  public  road  through  Riley  Melvin's  Cross  Roads  and  by 
Brownsville  until  it  intersects  with  what  is  known  as  the 
Queenstown  Road  near  Anthony's  Cross  Roads;  thence  East- 
erly by  said  Queenstown  Route  or  Road  and  by  the  center  line 
thereof  to  the  center  line  of  the  public  road  leading  from  Har- 


127 

ring-ton  to  Farmington ;  thence  by  the  center  line  of  said  last 
mentioned  public  road  until  it  reaches  a  Lane  that  runs  East- 
ward between  the  lands  of  Amos  Cole  and  Benjamin  Harring- 
ton;  thence  by  the  center  line  of  said  Lane  until  it  intersects 
with  the  Climer  and  Wolcott  Road;  thence  Easterly  by  the 
center  line  of  said  Climer  and  Wolcott  Road  until  it  intersects 
with  the  center  line  of  the  right  of  way  of  the  Junction  and 
Breakwater  Railroad  ;  thence  Easterly  by  the  center  line  of  said 
right  of  way  of  said  Railroad  to  the  boundary  line  between 
Mispillion  and  Milford  Hundreds ;  thence  Southerly  along  said 
boundary  line  until  it  intersects  with  the  boundary  line  be- 
tween Kent  and  Sussex  Counties ;  thence  Westerly  along  said 
last  mentioned  boundary  line  until  it  intersects  with  the  Mary- 
land State  boundary  line;  thence  Northerly  along  said  last 
mentioned  boundary  line  until  it  intersects  with  the  center  line 
of  the  public  road  leading  to  Riley  Melvin's  Cross  Roads,  the 
point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  public  school  building  in  the  Town  of 

Farmington. 

K.  18.  The  First  Election  District  of  the  Tenth  Representative 
District  is  all  that  portion  of  Milford  Hundred  bounded  by  a 
line  beginning  at  the  Bridge  across  Murderkill  River  near 
Frederica,  where  the  State  Road  crosses  said  Murderkill  River, 
thence  Southerly  along  the  center  line  of  said  State  Road 
through  the  Town  of  Milford  to  the  Bridge  across  Mispillion 
River  at  the  boundary  line  between  the  Counties  of  Kent  and 
Sussex ;  thence  Easterly  along  said  boundary  line  to  the  Dela- 
aware  Bay :  thence  Northwesterly  along  said  Delaware  Bay  to 
the  boundary  line  between  the  Hundreds  of  South  Murderkill 
and  Milford ;  thence  Westerly  along  said  last  mentioned  bound- 
ary line  to  the  center  line  of  the  State  Road  at  the  Bridge 
across  the  Murderkill  River,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  public  house  known  as  the  National  Hotel  in 
the  Town  of  Milford. 

K.  19.  The  Second  Election  District  of  the  Tenth  Representa- 
tive District  is  all  that  portion  of  Milford  Hundred  bounded 
by  a  line  beginning  at  the  Bridge  across  Murderkill  River  near 
Frederica,  where  the  State  Road  crosses  said  Murderkill  River, 
thence  Southerly  along  the  center  line  of  said  State  Road 
through  the  Town  of  Milford  to  the  Bridge  across  Mispillion 
River  at  the  boundary  line  between  the  Counties  of  Kent  and 


128 

Sussex ;  thence  "Westerly  by  said  boundary  line  to  the  boundary 
line  between  Mispillion  Hundred  and  Milf ord  Hundred ;  thence 
Northerly  along  said  last  mentioned  boundary  line  to  its  inter- 
section with  the  southerly  boundary  line  of  South  Murderkill 
Hundred;  thence  Northeasterly  along  the  boundary  line  be- 
tween South  Murderkill  Hundred  and  Milford  Hundred  to  the 
center  line  of  the  State  Road  at  the  Bridge  across  Murderkill 
River,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
.trict  shall  vote  at  the  public  house  known  as  the  Central  Hotel 
in  the  Town  of  Milford. 

For  Sussex  County. 

S.  1.  The  First  Election  District  of  the  First  Representative 
District  is  all  that  portion  of  Cedar  Creek  Hundred  bounded 
by  a  line  beginning  on  the  West  side  of  the  Delaware  Bay  at 
the  old  or  closed  mouth  of  Cedar  Creek,  thence  up  said  Creek 
by  the  various  meanderings  thereof  in  a  Southwesterly  direc- 
tion past  the  brick  granary  and  Cedar  Creek  Mills  to  Cub- 
bage  's  Mill  to  the  public  road  leading  to  Lincoln ;  thence  by  the 
center  line  of  said  public  road  Westerly  through  the  Town  of 
Lincoln  and  across  the  State  Road  to  the  Shawnee  Road,  being 
a  corner  of  the  Stuart  lands;  thence  along  the  center  line  of 
said  Shawnee  Road  and  the  Road  leading  to  Oakley  Station 
on  the  Queen  Anne  Railroad  to  the  boundary  line  between 
Cedar  Creek  Hundred  and  Nanticoke  Hundred ;  thence  North- 
erly along  said  boundary  line  to  the  boundary  line  between 
Kent  and  Sussex  Counties;  thence  Northeasterly  along  said 
last  mentioned  boundary  line  to  the  Delaware  Bay  Shore; 
thence  down  said  Delaware  Bay  Shore  Southerly  to  the  old 
mouth  of  Cedar  Creek,  being  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  Armory  in  the  Town  of  Milford. 

S.  2.  The  Second  Election  District  of  the  First  Representative 
District  is  all  that  portion  of  Cedar  Creek  Hundred  bounded 
by  a  line  beginning  on  the  West  Side  of  the  Delaware  Bay  at 
the  old  or  closed  mouth  of  Cedar  Creek,  thence  up  said  Creek 
by  the  various  meanderings  thereof  in  a  Southwesterly  direc- 
tion past  the  brick  granary  and  Cedar  Creek  Mills  to  Cub- 
bage's  Mill  to  the  public  road  leading  to  Lincoln;  thence  by  the 
center  line  of  said  public  road  Westerly  through  the  Town  of 
Lincoln  and  across  the  State  Road  to  the  Shawnee  Road,  being 
a  corner  of  the  Stuart  lands;  thence  along  the  center  line  of 


129 

said  Shawnee  Road  and  the  Road  leading  to  Oakley  Station 
on  the  Queen  Anne  Railroad  to  the  boundary  line  between 
Cedar  Creek  Hudnred  and  Nanticoke  Hundred ;  thence  South- 
erly by  said  boundary  line  to  the  boundary  line  of  Georgetown 
Hundred ;  thence  Easterly  along  the  boundary  lines  between 
Cedar  Creek  Hundred  and  the  Hundreds  of  Georgetown  and 
Broadkiln  to  the  Delaware  Bay  Shore ;  thence  Northwesterly 
along  said  Delaware  Bay  Shore  to  the  old  mouth  of  Cedar 
Creek,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  public  hall  in  the  Town  of  Lincoln. 

S.  3.  The  First  Election  District  of  the  Second  Representative 
District  is  all  that  portion  of  Nanticoke  Hundred  bounded  by  a 
line  beginning  at  a  point  where  Gravelly  Branch  intersects  the 
dividing  line  between  Georgetown  and  Nanticoke  Hundreds 
and  running  in  a  Southwesterly  course  to  what  was  formerly 
known  as  Rest's  Old  Mill;  thence  along  said  Branch  to  what 
was  formerl}'  known  as  Collins'  Mills  to  its  mouth,  being  at  the 
head  of  Middleford  Mill  Pond,  being  in  the  boundary  line  be- 
tween the  Hundreds  of  Seaford  and  Nanticoke ;  thence  running 
Noithwesterly  along  the  boundary  line  between  the  Hundred 
of  Nanticoke  and  the  Hundreds  of  Seaford  and  Northwest 
Fork  to  the  boundary  line  between  the  Counties  of  Kent  and 
Sussex ;  thence  Northeasterly  along  the  boundary  line  between 
the  Counties  of  Kent  and  Sussex  to  the  boundary  line  of  Cedar 
Creek  Hundred ;  thence  Southeasterly  along  the  boundary  lines 
between  Nanticoke  Hundred  and  the  Hundreds  of  Cedar  Creek 
and  Georgetown  to  the  intersection  thereof  with  Gravelly 
Branch  aforesaid,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  Owen's  Station  at  such  place  as  shall  be  procured 
by  the  Inspector  or  other  officer  holding  the  election  in  said 
Election  District. 

S.  4.  The  Second  Election  District  of  the  Second  Representa- 
tive District  is  all  that  portion  of  Northwest  Fork  Hundred 
bounded  by  a  line  beginning  at  Norton's  Mill  Stream  in  the 
boundary  line  between  the  Hundreds  of  Nanticoke  and  North- 
west Fork,  thence  in  a  Westerly  direction  with  the  center  line 
of  the  public  road  leading  to  Dale's  Crossing;  thence  by  the 
center  line  of  the  public  road  to  Cocked  Hat;  thence  by  the 
center  line  of  the  public  road  to  the  farm  of  Oliver  A.  Newton 
to  a  road  leading  to  Bridgeville ;  thence  by  the  center  line  of 
said  last  mentioned  road  in  a  Northwesterly  direction  to  the 


130 

first  public  road  011  the  right  leading  to  Scott's  Store;  thence 
by  the  center  line  of  said  last  mentioned  road  to  Scott's  Store; 
thence  by  the  center  line  of  said  road  to  Wooden  Hawk ;  thence 
following-  the  center  line  of  said  Road  and  crossing  another 
road  at  Adams'  Mills;  thence  by  the  center  line  of  the  road 
leading  to  Andersontown  to  the  Maryland  State  Line ;  thence 
Southerly  by  said. Maryland  State  Line  to  the  boundary  line 
between  the  Hundreds  of  Seaford  and  Northwest  Fork;  thence 
Easterly  along  said  last  mentioned  boundary  line  to  the 
boundary  line  of  Nanticoke  Hundred;  thence  Northerly  along 
the  boundary  line  between  Northwest  Fork  Hundred  and 
Nanticoke  Hundred  to  Norton's  Mill  Stream,  the  point  of 
Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  public  house  now  or  lately  kept  by  Man- 
love  Adams  in  the  Town  of  Bridge ville. 

S.  5.  The  Third  Election  District  of  the  Second  Representative 
District  is  all  that  portion  of  Northwest  Fork  Hundred  bound- 
ed by  a  line  beginning  at  Norton's  Mill  Stream  in  the  boundary 
line  between  the  Hundreds  of  Nanticoke  and  Northwest  Fork ; 
thence  in  a  Westerly  direction  with  the  center  line  of  the  pub- 
lic road  leading  to  Dale's  Crossing;  thence  by  the  center  line 
of  the  public  road  to  Cocked  Hat ;  thence  by  the  center  line  of 
the  public  road  to  the  farm  of  Oliver  A.  Newton  to  a  road  lead- 
ing to  Bridgeville ;  thence  by  the  center  line  of  said  last  men- 
tioned Road  in  a  Northwesterly  direction  to  the  first  public 
road  on  the  right  leading  to  Scott's  Store;  thence  by  the  cen- 
ter line  of  said  last  mentioned  road  to  Scott's  Store;  thence  by 
the  center  line  of  said  Road  to  Wooden  Hawk ;  thence  follow- 
ing the  center  line  of  said  Road  and  crossing  another  road  at 
Adams '  Mills ;  thence  by  the  center  line  of  the  road  leading  to 
Anderstown  to  the  Maryland  State  Line;  thence  Northerly 
along  said  Maryland  State  Line  to  the  boundary  line  between 
the  Counties  of  Kent  and  Sussex ;  thence  Easterly  along  said 
last  mentioned  boundary  line  to  the  boundary  line  between 
Northwest  Fork  Hundred  and  Nanticoke  Hundred;  thence 
Southerly  by  said  last  mentioned  boundary  line  to  Nor- 
ton's Mill  Stream,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Third  Election  District 
shall  vote  in  the  Town  of  Greenwood  at  such  place  as  shall  be 
•procured  by  the  Inspector  or  other  officer  holding  the  election 
in  said  Election  District. 


131 

S.  6.  The  First  Election  District  of  the  Third  Representative 
District  is  all  that  portion  of  Nanticoke  Hundred  bounded  by 
a  line  beginning  at  a  point  where  Gravelly  Branch  intersects 
the  dividing  line  between  Georgetown  and  Nanticoke  Hun- 
dreds, and  running  in  a  Southwesterly  course  to  what  was 
formerly  known  as  Rest's  Old  Mill,  thence  along  said  Branch 
to  what  was  formerly  known  as  Collins'  Mills  to  its  mouth,  be- 
ing at  the  head  of  Middleford  Mill  Pond,  being  in  the  bound- 
ary line  between  the  Hundreds  of  Seaford  and  Nanticoke; 
thence  Southerly  by  said  boundary  line  to  the  boundary  line 
between  Nanticoke  Hundred  and  Broad  Creek  Hundred; 
thence  Easterly  by  said  last  mentioned  boundary  line  to  the 
boundary  line  of  Dagsboro  Hundred;  thence  Northerly  along 
the  boundary  line  between  Nanticoke  and  Dagsboro  and 
Georgetown  Hundreds  to  Gravelly  Branch,  the  point  of  Begin- 
ning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  place  known  as  Old  Furnace  at  such  place  as 
shall  be  procured  by  the  Inspector  or  other  officer  holding  the 
election  in  said  Election  District. 

S.  7.  The  Second  Election  District  of  the  Third  Representative 
District  is  all  that  portion  of  Seaford  Hundred  bounded  by  a 
line  beginning  at  a  point  at  the  foot  of  Spring  Alley  in  the 
Town  of  Seaford  on  the  North  Bank  of  the  Nanticoke  River, 
being  at  the  boundary  line  between  the  Hundred  of  Seaford 
and  the  Hundred  of  Broad  Creek ;  thence  with  the  center  line 
of  said  Spring  Alley  to  High  Street ;  thence  Westward  with  the 
center  line  of  High  Street  to  Arch  Street;  thence  Northward 
with  the  center  line  of  Arch  Street  to  the  County  Road  form- 
ing the  Northern  boundary  line  of  the  Town  of  Seaford ;  thence 
Westward  with  the  center  line  of  said  County  Road  to  its  in- 
tersection with  Pine  Street ;  thence  with  the  center  line  of  the 
Road  leading  by  Ross  Station  to  Wesley  Church;  thence  with 
the  center  line  of  the  County  Road  leading  from  said  Wesley 
Church  over  the  Branch  and  by  the  farms  of  John  J.  Kinder, 
Charles  Friedel,  Amos  K.  Corbin  and  others,  to  the  point  of 
intersection  of  said  Road  with  the  County  Road,  leading  from 
Bridgeville  to  Federalsburg,  being  in  the  boundary  line  be- 
tween the  Hundreds  of  Northwest  Fork  and  Seaford;  thence 
Easterly  with  said  boundary  line  to  the  boundary  line  between 
the  Hundred  of  Seaford  and  the  Hundred  of  Nanticoke ;  thence 
Southwesterly  along  the  boundary  line  between  the  Hundred  of 
Seaford  and  the  Hundreds  of  Nanticoke  and  Broad  Creek  to 
the  foot  of  Spring  Alley  in  the  Town  of  Seaford,  the  point  of 
Beginning. 


132 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  Town  of  Seaford  at  such  place  within 
said  Second  Election  District  as  shall  be  selected  by  the  In- 
spector or  other  officer  holding  the  election  in  said  Second 
Election  District. 

S.  8.  The  Third  Election  District  of  the  Third  Representative 
District  is  all  that  portion  of  Seaford  Hundred  bounded  by  a 
line  beginning  at  a  point  at  the  foot  of  Spring  Alley  in  the 
Town  of  Seaford  011  the  North  Bank  of  the  Naiiticoke  River, 
being  at  the  boundary  line  between  the  Hundred  of  Seaford 
and  the  Hundred  of  Broad  Creek,  thence  with  the  center  line 
of  said  Spring  Ally  to  High  Street ;  thence  Westward  with  the 
center  line  of  High  Street  to  Arch  Street ;  thence  Northward 
with  the  center  line  of  Arch  Street  to  the  County  Road  form- 
ing the  Northern  boundary  line  of  the  Town  of  Seaford ;  thence 
Westward  with  the  center  line  of  said  County  Road  to  its  inter- 
section with  Pine  Street ;  thence  with  the  center  line  of  the 
Road  leading  by  Ross  Station  to  Wesley  Church ;  thence  with 
the  center  line  of  the  County  Road  leading  from  said  Wesley 
Church  over  the  Branch  and  by  the  farms  of  John  J.  Kinder, 
Charles  Friedel,  Amos  K.  Corbin  and  others  to  the  point  of 
intersection  of  said  Road  with  the  County  Road  leading  from 
Bridgeville  to  Federalsburg,  being  in  the  boundary  between 
the  Hundreds  of  Seaford  and  Northwest  Fork;  thence  West- 
erly by  the  center  line  of  said  last  mentioned  Road  to  the  Mary- 
land State  boundary  line;  thence  Southerly  by  said  State 
boundary  line  to  the  boundary  line  between  the  Hundred  of 
Seaford  and  the  Hundred  of  Little  Creek ;  thence  Northeasterly 
by  the  boundary  line  between  the  Hundred  of  Seaford  and  the 
Hundrds  of  Little  Creek  and  Broad  Creek  to  the  foot  of  Spring 
Alley  in  the  Town  of  Seaford,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Third  Election  District 
shall  vote  at  the  Town  of  Seaford  at  such  place  within  said 
Third  Election  District  as  shall  be  selected  by  the  Inspector  or 
other  officer  holding  the  election  in  said  Election  District. 

S,  9.  The  Election  District  of  the  Fourth  Representative  Dis- 
trict shall  embrace  all  of  Broad  Creek  Hundred. 

All  persons  entitled  to  vote  in  said  Election  District  shall 
vote  at  or  near  the  store  house  now  or  late  of  H.  L.  Moore  at 
Broad  Creek,  otherwise  known  as  M.  M.  Holt's  store. 

S.  10.  The  First  Election  District  of  the  Fifth  Representative 
District  is  all  that  portion  of  Little  Creek  Hundred  bounded  by 


133 

a  line  beginning  at  Warrington 's  store  in  the  boundary  line 
between  the  Hundred  of  Little  Creek  and  the  Hundred  of  Gum- 
boro,  thence  in  a  Westerly  course  by  the  center  line  of  the  pub- 
lic road  by  the  farm  of  E.  H.  Warrington ;  thence  by  said  cen- 
ter line  of  said  public  road  over  the  Branch  by  the  farm  of  J. 
Cannon  to  the  Junction  of  said  Road  with  another  public  road ; 
thence  with  the  center  line  of  the  first  mentioned  public  road 
in  a  Northwesterly  direction  by  the  residence  of  T.  Ward  and 
J.  Ward  to  the  Millstrearn  of  Ellis'  Mills;  thence  over  said 
Stream  to  the  main  country  road  leading  from  Laurel  to 
Smith's  Mills  by  King's  Church;  thence  in  a  Westerly  course 
by  the  center  line  of  a  new  road  by  the  farm  of  E.  C.  Gordy 
to  the  old  State  Road;  thence  South  down  the  center  line  of 
said  old  State  Road  to  Mrs.  H.  Lynch;  thence  in  a  Westerly 
course  by  the  farm  of  E.  H.  Olliphant  and  the  farm  of  S.  Hill 
to  the  main  road  leading  from  Laurel  to  Delmar ;  thence  by  the 
center  line  of  said  Road  in  a  Northerly  direction  to  the  road 
leading  to  Bacon's  Switch;  thence  by  the  center  line  of  said 
last  mentioned  road  in  a  Southerly  direction  leading  to  Bacon's 
Switch  to  the  Easterly  side  of  the  right  of  way  of  the  Delaware 
Railroad ;  thence  Northerly  along  the  Easterly  line  of  the  lands 
of  the  said  Railroad  to  Clayton  Avenue  in  the  Town  of  Laurel ; 
thence  Easterly  by  the  center  line  of  said  Clayton  Avenue  to 
the  center  line  of  Central  Avenue ;  thence  Northerly  by  the 
center  line  of  Central  Avenue  to  the  foot  of  said  Avenue  in  the 
Town  of  Laurel  on  the  Laurel  River,  being  at  the  boundary 
line  between  the  Hundreds  of  Little  Creek  and  Broad  Creek; 
thence  Southeasterly  by  said  last  mentioned  boundary  line  to 
Warrington  ?s  Store,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  in  the  Town  of  Laurel  at  such  place  in  said  District 
as  shall  be  selected  by  the  Inspector  or  other  officer  holding 
the  election  in  said  Election  District. 

S.  11.  The  Second  Election  District  of  the  Fifth  Representa- 
tive District  is  all  that  portion  of  Little  Creek  Hundred  bound- 
ed by  a  line  beginning  at  Warrington 's  Store  in  the  boundary 
line  between  the  Hundred  of  Little  Creek  and  the  Hundred  of 
Gumboro,  thence  in  a  Westerly  course  by  the  center  line  of  the 
public  road  by  the  farm  of  E.  H.  Warrington;  thence  by  said 
center  line  of  said  public  road  over  the  Branch  by  the  farm  of 
J.  Cannon  to  the  Junction  of  said  Road  with  another  public 
road ;  thence  with  the  center  line  of  the  first  mentioned  public 
road  in  a  Northwesterly  direction  by  the  residence  of  T.  Ward 
and  J.  Ward  to  the  Mill  Stream  of  Ellis'  Mills;  thence  over 


134 

said  Stream  to  the  main  country  road  leading  from  Laurel  to 
Smith's  Mills  by  King's  Church';  thence  in  a  Westerly  course 
by  the  center  line  of  a  new  road  by  the  farm  of  E.  C.  Gordy 
to  the  old  State  Road ;  thence  South  down  the  center  line  of 
said  old  State  Road  to  Mrs.  H.  Lynch ;  thence  in  a  "Westerly 
course  by  the  farm  of  E.  H.  Olliphant  and  the  farm  of  S.  Hill 
to  the  main  road  leading  from  Laurel  to  Delmar;  thence  by 
the  center  line  of  said  Road  in  a  Northerly  direction  to  the 
road  leading  to  Bacon's  Switch;  thence  by  the  center  line  of 
said  last  mentioned  road  in  a  Southerly  direction  leading  to 
Bacon's  Station  across  the  Railroad  down  the  main  country 
road  by  Jonathan  Rickards,  by  the  farm  of  J.  W.  Richards, 
until  it  strikes  the  road  leading  to  Spring  Hill ;  thence  South- 
erly by  the  center  line  of  said  last  mentioned  road  to  the  fork 
of  the  road  near  Ralph  Store ;  thence  in  a  Northerly  direction 
to  the  land  of  Charles  Walson;  thence  in  a  Westerly  course 
around  said  land  back;  thence  in  a  Westerly  direction  to  the 
main  country  road  by  William  B.  Rickards,  S.  P.  Twilley  and 
J.  E.  Twilley  to  the  corner  of  D.  M.  Phillips;  thence  by  the 
center  line  of  said  public  road  in  a  Westerly  direction  to  Wil- 
liam Owens ;  thence  in  a  southerly  direction  to  A.  R.  Bradley ; 
thence  in  a  Westerly  direction  to  a  point  of  R.  Twilley 's  farm 
in  the  Maryland  State  boundary  line;  thence  Southerly  by 
said  boundary  line  to  a  corner  in  said  boundary  line ;  thence 
Easterly  along  said  State  boundary  line  to  the  boundary  line 
between  Little  Creek  Hundred  and  Gumboro  Hundred ;  thence 
Northwesterly  along  the  boundary  line  between  Little  Creek 
Hundred  and  Gumboro  Hundred  to  Warrington's  Store,  the 
point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  or  near  the  store  house  of  William  L.  Sirman 
in  the  Town  of  Delmar. 

S.  12.  The  Third  Election  District  of  the  Fifth  Representative 
District  is  all  that  portion  of  Little  Creek  Hundred  bounded 
by  a  line  beginning  at  Laurel  River  at  the  foot  of  Central  Ave- 
nue in  the  Town  of  Laurel  at  the  boundary  line  between  Little 
Creek  Hundred  and  Broad  Creek  Hundred,  thence  Southerly 
by  the  center  line  of  said  Central  Avenue  to  the  center  line  of 
Clayton  Avenue ;  thence  with  the  center  line  of  Clayton  Avenue 
in  a  Westerly  direction  to  the  easterly  line  of  lands  of  the  Del- 
aware Railroad  Company;  thence  with  the  Easterly  line  of 
lands  of  the  Delaware  Railroad  Company  in  a  Southerly  direc- 
tion to  Bacon's  Station;  thence  by  the  public  road  crossing 
said  Railroad  along  the  center  of  the  main  country  road  by 


135 

Jonathan  Rickards,  by  the  farm  of  J.  W.  Rickards,  till  it  strikes 
the  road  leading  to  Spring  Hill;  thence  Southerly  by  the  cen- 
ter line  of  said  last  mentioned  road  to  the  fork  of  the  road 
near  Ralph  Store ;  thence  in  a  Northerly  direction  to  the  land 
of  Charles  Walson;  thence  in  a  Westerly  course  around  said 
land  back ;  thence  in  a  Westerly  direction  to  the  main  country 
road  by  William  B.  Rickards,  S.  P.  Twilley  and  J.  E.  Twilley 
to  the  corner  of  D.  M.  Phillips;  thence  by  the  center  line  of 
said  public  road  in  a  westerly  direction  to  William  Owens; 
thence  in  a  Southerly  direction  to  A.  R.  Bradley;  thence  in  a 
Westerly  direction  to  a  point  of  R.  Twilley ?s  farm  in  the  Mary- 
land State  boundary  line ;  thence  Northerly  along  said  State 
boundary  line  to  the  boundary  line  between  Little  Creek  Hun- 
dred and  Seaford  Hundred;  thence  Easterly  along  the  bound- 
ary lines  between  Little  Creek  Hundred  and  the  Hundreds  of 
Seaford  and  Broad  Creek  to  the  center  line  of  Central  Avenue 
at  the  Laurel  River  hi  the  Town  of  Laurel,  being  the  point  of 
Beginning. 

All  persons  entitled  to  vote  in  said  Third  Election  District 
shall  vote  at  the  Town  of  Laurel  at  such  place  in  said  District 
as  shall  be  selected  by  the  Inspector  or  other  officer  holding 
the  election  in  said  Election  District. 

*S.  13.  The  First  Election  District  of  the  Sixth  Re- 
presentative District  is  all  that  portion  of  Dagsboro 
Hundred  bounded  by  a  line  beginning  in  the  center 
line  of  the  public  road  at  Millsboro  Mills  at  the  boundary  line 
between  Dagsboro  Hundred  and  Gumboro  Hundred;  thence 
Northerly  by  the  center  line  of  said  public  road,  being  the 
Main  Street  of  Millsboro,  in  a  Westerly  direction  through  the 
Town  of  Millsboro ;  thence  by  the  center  line  of  said  public 
road  to  Phillips'  Hill,  and  thence  still  with  the  center  line  of 
said  public  road  by  way  of  Carey's  Methodist  Episcopal  Church 
to  the  boundary  line  between  Dagsboro  Hundred  and  Gumboro 
Hundred;  thence  Northerly  by  the  boundary  lines  between 
Dagsboro  Hundred  and  the  Hundreds  of  Gumboro,  Broad 
Creek  and  Nanticoke,  to  the  boundary  line  between  Dagsboro 
Hundred  and  Georgetown  Hundred ;  thence  Easterly  along  said 
last  mentioned  boundary  line  to  the  boundary  line  between 
Dagsboro  Hundred  and  Indian  River  Hundred;  thence  South- 
erly along  said  last  mentioned  boundary  line  to  the  center  line 
of  the  public  road  at  Millsboro  Mills,  the  place  of  Beginning. 

*Amend— Chapter    100,   Volume    28.      See    end    of    Sussex   County 
Election  District  division. 


136 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  building  owned  by  George  W.  Marvel  or  some 
other  suitable  building  to  be  selected  by  the  Inspector  or  other 
officer  holding  the  election  in  said  Election  District,  at  or  with- 
in a  radius  of  one-half  a  mile  from  Marvel's  Old  Tan  Yard. 

*S.  14.  Tne  Second  Election  District  of  the  Sixth  Representative 
District  is  all  that  portion  of  Dagsboro  Hundred  bounded  by  a  line 
beginning  in  the  center  line  of  the  public  road  at  Millsboro 
Mills  at  the  boundary  line  between  Dagsboro  Hundred  and 
Indian  River  Hundred,  thence  with  the  center  line  of  said  pub- 
lic road,  being  the  Main  Street  of  Millsboro  in  a  Westerly 
direction  through  the  Town  of  Millsboro ;  thence  by  the  center 
line  of  said  public  road  to  Phillips'  Hill,  and  thence  still  with 
the  center  line  of  said  public  road  by  way  of  Carey's  Methodist 
Episcopal  Church  to  the  boundary  line  between  Dagsboro  Hun- 
dred and  Gumboro  Hundred;  thence  Southeasterly  by  said 
boundary  line  to  the  boundary  line  between  Dagsboro  Hun- 
dred and  Baltimore  Hundred ;  thence  Northeasterly  along  said 
last  mentioned  boundary  line  to  the  boundary  line  between 
Indian  River  Hundred  and  Dagsboro  Hundred;  thence  West- 
erly along  said  last  mentioned  boundary  line  to  the  center  line 
of  the  public  road  at  Millsboro  Mills,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  the  Town  of  Dagsboro,  at  such  place  as  shall 
be  selected  by  the  Inspector  or  other  officer  holding  the  elec- 
tion in  said  Election  District. 

S.  15.  The  Third  Election  District  of  the  Sixth  Eepresentative 
District  shall  embrace  all  of  Gumboro  Hundred. 

All  persons  entitled  to  vote  in  said  Third  Election  District 
shall  vote  at  the  office  now  or  lately  owned  by  Jane  E.  Hearn, 
and  nowr  or  lately  occupied  by  E.  H.  Tyre. 

S.  16.  The  First  Election  District  of  the  Seventh  Representa- 
tive District  is  all  that  portion  of  Baltimore  Hundred  bounded 
by  a  line  beginning  in  the  center  of  the  public  road  at  the  Bal- 
timore Mill  Dam  in  the  boundary  line  between  Baltimore  Hun- 
dred and  Dagsboro  Hundred,  thence  running  down  the  center 
line  of  said  public  road  by  Peter  R.  Hickman  by  way  of  Trap 
School  House  to  H.  H.  Hickman 's  Store;  thence  down  the  cen- 
ter line  of  said  County  Road  to  the  center  line  of  the  County 
Koad  opposite  the  farm  of  George  L.  Barnett;  thence  running 

*Amend — Chapter   100,   Volume   28.     See   end   of    Sussex   County 
Election  District  division. 


137 

along  the  center  line  of  said  last  mentioned  road  to  a  Bridge 
across  Williams  Creek,  known  as  Derrickson's  Old  Mill;  thence 
down  said  Williams  Creek  and  Assawaman  Bay  to  the  Mary- 
land State  boundary  line ;  thence  Easterly  along  said  State 
boundary  line  to  the  Atlantic  Ocean ;  thence  Northerly  by  the 
shore  of  said  Atlantic  Ocean  to  Indian  River  Bay;  thence 
along  the  boundary  line  between  Baltimore  Hundred  and 
Indian  Eiver  Hundred  Westerly  to  the  boundary  line  between 
Dagsboro  Hundred  and  Baltimore  Hundred;  thence  Southerly 
along  said  last  mentioned  boundary  line  to  the  center  line  of 
the  public  road  at  Baltimore  Mill  Dam,  being  the  point  of  Be- 
ginning. 

All  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  School  House  of  School  District  No.  181  in  the 
Town  of  Millville. 

S.  17.  The  Second  Election  District  of  the  Seventh  Repre- 
sentative District  is  all  that  portion  of  Baltimore  Hundred 
bounded  by  a  line  beginning  in  the  center  of  the  public  road 
at  the  Baltimore  Mill  Dam  in  the  boundary  line  between  Bal- 
timore Hundred  and  Dagsboro  Hundred,  thence  running  down 
the  center  line  of  said  public  road  by  Peter  R.  Hickman,  by 
way  of  Trap  School  House  to  H.  H.  Hickman 's  store;  thence 
down  the  center  line  of  said  County  Road  to  the  center  line  of 
the  County  Road  opposite  the  farm  of  George  L.  Barnett; 
thence  running  along  the  center  line  of  said  last  mentioned  road 
to  a  bridge  across  Williams  Creek,  known  as  Derrickson's  Old 
Mill;  thence  down  said  Williams  Creek  and  Assawaman  Bay 
to  the  Maryland  State  boundary  line ;  thence  Westerly  along 
said  State  boundary  line  to  the  boundary  line  between  Balti- 
more Hundred  and  Guinboro  Hundred;  thence  Northerly  and 
Northeasterly  along  the  boundary  lines  between  Baltimore 
Hundred  and  the  Hundreds  of  Gumboro  and  Dagsboro  to  the 
center  line  of  the  public  road  at  Baltimore  Mill  Dam,  the  point 
of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  at  Selbyville,  at  such  place  as  shall  be  procured 
by  the  Inspector  or  other  officer  holding  the  election  in  said 
Election  District. 

S.  18.  The  Election  District  of  the  Eighth  Representative 
District  shall  embrace  all  of  Indian  River  Hundred. 

All  persons  entitled  to  vote  in  said  Election  District  shall 
vote  at  the  old  store  house  now  or  lately  of  Wesley  W.  Steven- 
son. 


138 

S.  19.  The  Election  District  of  the  Ninth  Representative  Dis- 
trict shall  embrace  all  of  Georgetown  Hundred. 

All  persons  entitled  to  vote  in  said  Election  District  shall 
vote  at  the  County  Court  House  in  the  Town  of  Georgetown. 

S.  20.  The  First  Election  District  of  the  Tenth  Representative 
District  shall  embrace  all  of  Broadkiln  Hundred. 

All  persons  entitled  to  vote  in  said  Election  District  shall 
vote  in  the  Village  of  Milton  at  the  Milton  Academy. 

S.  21.  The  Second  Election  District  of  the  Tenth  Representa- 
tive District  is  all  that  portion  of  Lewes  and  Rehoboth  Hun- 
dred bounded  by  a  line  beginning  at  Broadkiln  Inlet  at  the 
entrance  to  the  Delaware  Bay,  thence  up  Broadkiln  Sound  on 
the  line  of  Broadkiln  Hundred  to  Broadkiln  River ;  thence  up 
said  River  to  Mill  Creek;  thence  up  said  Mill  Creek  to  Black 
Oak  Gut;  thence  up  Black  Oak  Gut  and  across  the  new  road 
leading  from  Lewes  to  Nassau  to  the  old  road  leading  from 
Milton  to  Lewes,  at  or  near  Yellow  Hill  School  House ;  thence 
with  the  center  line  of  said  public  road  by  way  of  Five  Points 
and  Prettyman's  Corner  to  the  center  line  of  the  public  road 
leading  from  Lewes  to  Rehoboth  at  William  H.  Virden's  farm; 
thence  in  a  Southeasterly  direction  across  said  Virden  farm  and 
Southwest  of  the  farm  house  to  the  head  of  Wolf's  Glade; 
thence  down  and  with  the  stream  in  said  Wolf's  Glade  to 
Lewes  Creek ;  thence  turning  and  running  in  an  Easterly  direc- 
tion to  a  point  on  the  ocean  shore  one-half  mile  south  of  Cape 
Henlopen  Life  Saving  Station ;  thence  Northerly  along  the  said 
ocean  shore  to  the  Delaware  Bay;  thence  Westerly  and  North- 
westerly along  the  shore  of  the  said  Delaware  Bay  to  Broad- 
kiln  Inlet  at  the  entrance  to  said  Bay,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Second  Election  Dis- 
trict shall  vote  in  the  Town  of  Lewes  at  the  house  now  or  late- 
ly occupied  as  a  tavern  by  Edward  Watson. 

S.  22.  The  Third  Election  District  of  the  Tenth  Representa- 
tive District  is  all  that  portion  of  Lewes  and  Rehoboth  Hun- 
dred bounded  by  a  line  beginning  at  a  point  in  the  boundary 
line  between  Broadkiln  Hundred  and  Lewes  and  Rehoboth 
Hundred  in  Mill  Creek  at  the  mouth  of  the  Black  Oak  Gut, 
thence  up  Black  Oak  Gut  and  across  the  new  road  leading  from 
Lewes  to  Nassau  to  the  old  road  leading  from  Milton  to  Lewes, 
at  or  near  Yellow  Hill  School  House ;  thence  with  the  center  line 
of  said  public  road  by  way  of  Five  Points  and  Prettyman's 
Corner,  to  the  center  line  of  the  public  road  leading  from 


139 

Lewes  to  Rehoboth  at  William  H.  Yirden's  farm;  thence  in  a 
Southeasterly  direction  across  said  Virden  farm  and  Southwest 
of  the  farm 'house  to  the  head  of  Wolf's  Glade;  thence  down 
and  with  the  stream  in  said  Wolf's  Glade  to  Lewes  Creek; 
thence  turning  and  running  in  an  Easterly  direction  to  a  point 
on  the  ocean  shore  one-half  mile  south  of  Cape  Henlopen  Life 
Saving  Station;  thence  Southerly  along  said  ocean  shore  to 
Indian  River  Inlet ;  thence  Westerly  through  said  Inlet ;  thence 
Northerly,  Westerly  and  Northwesterly  along  the  Southern 
boundary  of  Lewes  and  Rehoboth  Hundred  to  the  intersection 
of  said  Southern  boundary  with  the  Southern  boundary  line 
of  Broadkiln  Hundred;  thence  Northerly  and  Northeasterly 
along  the  boundary  line  between  Broadkiln  Hundred  and 
Lewes  and  Rehoboth  Hundred  to  the  mouth  of  Black  Oak  Gut 
in  Mill  Creek,  the  point  of  Beginning. 

All  persons  entitled  to  vote  in  said  Third  Election  Dis- 
trict shall  vote  at  Westcott's  Shops  at  Westcott's  Corner  in 
said  Election  District. 


CHAPTER  100.     VOLUME  28. 

An  Act  Changing-  the  Boundaries   of  the   First   and   Second 

Election  Districts  of  the  Sixth  Representative 

District  in  Sussex  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  State  of  Delaware  in  General  Assembly  met : 

Section  1.  That  all  that  portion  of  the  Sixth  Representa- 
tive District  in  Sussex  County  lying  North  of  a  line  beginning 
at  what  is  known  as  "The  Lower  Mill  Stream"  between  Dags- 
boro  and  Millsboro  and  following  said  stream  up  through  Irons 
Branch  and  Indian  Branch  to  a  bridge  across  the  road  which 
leads  from  Phillips '  Hill  to  Hickory  Hill ;  thence  with  said 
road  towards  Phillips'  Hill  by  the  Joshua  Phillips  Home  Place 
to  Mission  Store,  formerly  Mission  Post  Office,  and  thence  with 
said  road  to  the  Gumboro  Hundred  line,  shall  be  known  and 
the  same  is  hereby  created  the  First  Election  District,  with  the 
voting  place  in  the  Town  of  Millsboro. 

Section  2.  That  all  that  portion  of  the  Sixth  Representa- 
tive District  in  Sussex  County  lying  South  of  that  line  describ- 
ed in  Section  One  of  this  Act.  shall  be  known  and  the  same  is 


140 

hereby  created  as  the  Second  Election  District  of  Representa- 
tive District  Number  Six  in  Sussex  County,  with  the  voting 
place  in  the  Town  of  Dagsboro. 

Section  3.     All  Acts  or  parts  of  Acts  inconsistent  herewith 
are  hereby  repealed. 

Approved  March  15,  A.  D.  1915. 

1738.  Sec.  18.  Room  for  Holding  Elections ;  Inspector  to  Pro- 
vide; Location;  Plan  of;  Entrance;  Change  of  Voting  Place; 
Notice;  Furniture;  Booths;  Duty  of  Department  of  Elections 
as  to: — It  shall  be  the  duty  of  each  Inspector  of  Elections  in 
this  State,  outside  the  City  of  Wilmington,  to  provide  a  room 
for  the  holding  of  any  general  or  special  election  in  his  Elec- 
tion District,  which  shall  be  adapted  to  the  requirements  of 
this  Chapter.  Said  room  shall  be  at  the  place  established  by 
law  in  each  Election  District  for  the  holding  of  elections,  or  in 
as  close  proximity  thereto  as  practicable,  having  due  regard 
to  the  convenience  of  the  voters.  If  any  Inspector  shall  select 
a  place  for  the  holding  of  any  general  or  special  election  in  his 
Election  District,  other  than  the  one  established  by  law,  he 
shall  do  it  in  time  to  give  the  notice  of  holding  such  election 
required  by  law.  Said  room  shall  have  a  door  or  entrance  of 
easy  or  convenient  access,  and,  if  practicable,  a  separate  means 
of  exit.  It  shall  be  provided  on  the  outside  with  a  passage  at 
least  four  feet  wide  and  with  a  railing,  rope  or  wire  on  each 
side,  commencing  at  least  thirty  feet  away  from  and  leading  to 
the  entrance  to  such  place  of  election,  and  passing  the  place 
assigned  for  the  challengers,  and  thence  to  the  entrance  of  the 
room  in  which  the  election  is  held.  The  Inspector  shall  pro- 
vide for  the  room  a  railing  therein  separating  the  part  of  the 
room  to  be  occupied  by  the  Election  Officers  from  the  remaind- 
er of  the  room.  He  shall  also  provide  a  suitable  table  and 
chairs  for  the  use  of  the  Election  Officers.  The  table  shall  oc- 
cupy such  a  position  in  said  room  as  to  enable  the  Election 
Officers  and  the  challengers  hereinafter  provided  for  to  easily 
communicate  with  each  other.  He  shall  cause  to  be  constructed 
in  the  room  at  least  one  booth  for  every  one  hundred  and  fifty 
voters,  or  fractional  part  thereof,  in  Each  Election  District; 
provided  that  there  shall  not  be  less  than  three  booths  at  any 
one  Election  District.  The  booths  shall  be  at  least  three  feet 
square  and  six  feet  high,  if  the  ceiling  will  admit  it.  They 
shall  each  contain  a  shelf  properly  constructed  and  a  card- 
board box  fastened  to  the  booth  to  contain  the  ballots  herein- 
after provided  for,  and  shall  be  so  constructed  and  arranged 


141 

that  all  the  Election  Officers  in  the  room  can  see  whether  more 
than  one  voter  enters  any  one  of  them  at  any  one  time. 

In  the  City  of  Wilmington,  it  shall  be  the  duty  of  the  De- 
partment of  Elections  to  select  a  voting  place  in  each  Election 
District  within  the  City,  and  to  provide  the  room,  in  which  the 
election  is  to  be  held,  to  protect  the  same  with  the  required 
railing  or  rope,  to  construct  therein  the  necessary  number  of 
booths,  and  to  do  all  other  things  required  to  be  done  by  the 
Inspectors  of  Election  outside  of  the  City  of  Wilmington,  in 
and  about  the  furnishing  and  fitting  up  of  said  room. 

If  at  any  time  it  shall  be  impracticable  to  hold  the  election 
in  any  Election  District  at  the  place  appointed  by  law,  the  In- 
spector of  such  Election  District  or  other  officer  authorized  by 
law  to  hold  the  election  therein  shall  have  power  to  appoint 
some  other  place  in  said  Election  District  as  near  as  can  be 
conveniently  obtained  to  the  place  appointed  by  law;  and  he 
shall  give  public  notice  of  the  place  so  appointejd,  by  advertise- 
ments posted  in  at  least  five  of  the  most  public  places  of  the 
Election  District,  if  circumstances  will  admit  of  such  notice 
being  given,  but  if  not,  then  he  shall  give  such  public  and  gen- 
eral notice  as  the  circumstances  will  permit. 

1739.  Sec.  19.  Assistance  to  Voters  Physically  Unable  to 
Exercise  Franchise;  Feigning  Physical  Defect  a  Misdemeanor; 
Penalty ;  Disclosing  Nature  of  Vote  a  Misdemeanor ;  Penalty : — 

Any  person  who  shall  be  physically  unable  to  prepare  or  fold 
his  ballot,  or  deposit  his  ballot  in  his  envelope,  by  reason  of 
defective  eyesight,  or  the  loss  of  the  use  of  one  or  both  hands, 
or  inability  to  walk  with  safety  without  assistance,  as  mani- 
festly renders  him  unable  to  prepare,  fold  his  ballot,  or  deposit 
his  ballot  in  his  envelope,  or  to  reach  the  polling  place  alone 
with  safety,  shall  be  permitted  to  bring  with  him  into  the  elec- 
tion room  and  booth  any  elector  or  two  electors,  if  the  nature 
of  the  disability  manifestly  requires  more  than  one,  such  as  a 
total  disability  to  walk  to  the  polling  district,  for  the  purpose 
of  rendering  him  the  necessary  assistance.  No  voter  shall  re- 
ceive any  other  assistance  in  voting  than  that  herein  provided 
for.  In  case  any  elector  shall  feign  any  of  such  physical  de- 
fects, he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  by  indictment  shall  be  fined  one  hundred  dollars  and 
shall  be  imprisoned  for  not  more  than  two  years. 

In  case  any  elector,  who  may  be  selected  to  assist  any  per- 
son by  reason  of  the  physical  defects  hereinabove  mentioned, 
shall  reveal  how  such  elector  has  voted  or  what  person  or  per- 


142 

sons  were  voted  for  by  him  011  any  ballot  or  give  any  informa- 
tion concerning  the  appearance  of  any  ballot  voted,  such 
elector  or  electors  so  offending  shall  be  guilty  of  a  misdemean- 
or, and  upon  conviction  thereof  by  indictment  shall  be  fined 
one  hundred  dollars  and  shall  be  imprisoned  not  less  than  one 
nor  more  than  three  years. 

1740.  Sec.  20.     Challengers;  Appointment;  Duties;  Powers; 
Resisting  Challengers  a  Misdemeanor;  Penalty: — Each  of  the 
political  parties  may  select  and  accredit  some  suitable  person 
as  a  challenger  to  stand  without  the  door  or  entrance  of  the 
room  in  which  the  election  is  to  be  held,  and  by  the  side  of  the 
passage  hereinbefore  provided  for;  in  case  of  failure  of  any  or 
all  of  the  political  parties  to  select  such  person  or  persons  as 
challenger  or  challengers,  it  shall  be  the  duty  of  the  Inspector 
and  Judges  to  make  such  selection  or  selections ;  the  challeng- 
ers may  be  changed  and  their  places  filled  in  like  manner  dur- 
ing the  day.     Such  challengers  shall  be  protected  in  the  dis- 
charge of  their  'duty  by  the  Inspectors  of  Election. 

Such  challengers  shall  be  appointed  by  the  respective 
County  Committees  of  each  of  the  political  parties.  Such 
challengers,  chosen  for  any  general  or  special  election,  shall 
be  peace  officers  of  the  State,  with  the  same  powers  for  pre- 
serving the  peace  as  Inspectors  of  Election  have.  Any  person 
resisting  such  challenger  or  challengers  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  by  indictment 
shall  be  fined  not  more  than  one  hundred  dollars  and  may,  at 
the  discretion  of  the  Court,  be  imprisoned  for  a  term  not  ex- 
ceeding one  year. 

1741.  Sec.  21.    Special  Officers  at  Entrance  of  Polling  Place ; 
Duties;  .Powers;  .Resisting  a  Misdemeanor;.  Penalty: — The 
Democratic  and  Kepublican  County  Committees     may     each 
select  and  designate  one  suitable,  reputable  and  sober  person 
as  a  special  officer  to  stand  at  the  entrance  of  the  polling  place, 
to  be  not  less  than  thirty  feet  away  from  the  entrance  to  the 
voting  room  as  provided  by  law,  to  regulate  the  admission  of 
persons  to  the  polling  place ;  while  so  stationed  and  performing 
their  duties  as  herein  provided,  the  persons  so  designated  shall 
be  clothed  with  all  the  powers  of  officers  of  the  peace  as  those 
given  by  law  to  Inspectors  of  Election ;  any  person  resisting 
such  special  officer  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  by  indictment  shall  be  fined  not 
more  than  one  hundred  dollars,  and  may,  at  the  discretion  of 
the  Court,  be  imprisoned  for  a  term  not  exceeding  one  year. 


143 

1742,  Sec.  22.     Sheriff  to  Deliver  Ballot  Boxes;  List  of  Offic- 
ers ;  Tape ;  Sealing  Wax ;  Certificates ;  Tally  Lists ;  Directions ; 
Blank  Forms  of  Oaths ;  Outside  of  Wilmington ;  Department  of 
Elections,  Similar  Duties  of  in  Wilmington: — The  Sheriff  of 
each  County  shall,  after  the  twenty-third  day  and  before  the 
twenty-seventh  day  of  October  in  the  year  of  holding  the  Gen- 
eral Election,  deliver  to  the  Inspector  of  each  Election  Dis- 
trict   or  other  officer,  authorized  by  law  to  hold  the  election 
therein  (outside  of  the  City  of  Wilmington)  two  suitable  bal- 
lot boxes,  with  a  piece  of  tape  and  sealing  wax,  together  with 
a  list  of  all  the  officers  to  be  chosen  at  the  then  next  General 
Election,  written  or  printed  forms  of  tally  lists,  of  certificates 
of  election  in  said  election  district,  of  the  oath  or  affirmation 
of  the  inspector  or  other  person  authorized  by  law  to  hold  the 
election  therein,  and  persons  to  be  taken  as  Judges  of  Election, 
and  also  of  the  clerks  who  shall  be  chosen  to  act  at  such  elec- 
tion, and  of  the  certificate  of  administering  such  oaths  or  affir- 
mations, with  printed  or  written  directions  as  to  correcting, 
completing  and  signing  such  oath  or  affirmation  and  certificate 
of  administering  the  same,  and  shall  also  deliver  to  each  In- 
spector or  other  officer  authorized  by  law  to  hold  the  election 
as  aforesaid   (outside  of  the  City  of  Wilmington)   a  book  of 
blank  forms  of  oaths  (or  affirmations)  provided  for  in  Section 
53  of  this  Chapter. 

The  Department  of  Elections  for  the  City  of  Wilmington 
shall,  in  addition  to  the  Registers  and  things  they  are  now 
required  by  law  to  furnish  to  the  Inspectors  of  Election  in  said 
City,  between  the  twenty-third  and  twenty-seventh  days  of 
October  in  the  year  of  holding  the  General  Election,  deliver  to 
the  minority  member  of  the  Board  of  Election  Officers  of  each 
Election  District  in  the  City  of  Wilmington  two  suitable  ballot 
boxes  with  a  piece  of  tape  and  sealing  wax,  together  with 
a  list  of  all  the  officers  to  be  chosen  at  the  then  next  General 
Election,  written  or  printed  forms  of  tally  lists,  of  certificates 
of  Election  in  said  Election  District,  of  the  oath  or  affirmation 
of  the  Inspector  or  other  person  authorized  by  law  to  hold  the 
election  tlierein,  and  of  the  persons  to  be  taken  as  Judges 
of  Election,  and  also  of  the  Clerks  who  shall  be  chosen  to  act 
at  such  election,  and  of  the  certificate  of  administering  such 
oaths  or  affirmations,  with  printed  or  written  directions  as  to 
correcting,  completing  and  signing  such  oath  or  affirmation,  and 
certificate  of  administering  the  same,  and  shall  also  deliver  to 
such  Election  Officer  a  book  of  blank  forms  of  oaths  (or  affir- 
mations) provided  for  in  Section  53  of  this  Chapter. 

1743.  Sec.  23.    Ballot    Boxes;    Description    of:— The    ballot 


144 

boxes  shall  each  be  of  sufficient  size  to  contain  all  the  ballots 
and  envelopes  of  the  election  district,  with  one  of  the  tally  lists 
and  certificates  of  election ;  in  the  lid  of  one  of  the  boxes  there 
shall  be  a  hole  sufficient  only  to  admit  with  convenience  one 
ballot  and  envelope,  and  it  shall  be  furnished  with  a  lock  and 
key  for  securing  the  lid ;  the  lid  of  the  other  box  shall  be  with- 
out a  hole,  and  it  shall  be  so  constructed  as  to  be  secured  with 
tape  or  sealing  wax. 

1744.  Sec.  24.     Tally  Lists:— There  shall  be  two  of  the  said 
tally  lists,  each  of  which  shall  consist  of  a  margin  on  the  left 
for  the  names  of  the  persons  voted  for,  and  squares  formed  by 
parallel  lines  drawn  from  left  to  right,  and  from  the  bottom 
to  the  top  of  the  sheet,  each  square  to  be  sufficient  to  contain 
five  distinct  rows  of  five  distinct  dots  of  a  pen  in  each  row,  and 
there  shall  be  a  sufficient  number  of  squares  in  each  row  of 
squares  from  left  to  right  to  contain  more  dots  than  any  other 
person  will  probably  receive  votes  in  the  election  district. 

1745.  Sec.  25.    Certificates    of    Election;    Form  of ;    Filling 
Blanks  in: — There  shall  be  two  of  the  said  certificates  of  elec- 
tion which  may  be  according  to  the  following  form,  viz : — 


i  i 


County  and    Election 

District  of Kepresentative  District,  ss : 

At  the  general  election  held  in  the  said  election  district,  on  the 
Tuesday  next  after  the  first  Monday  in  November,  A.  D.  Nine- 
teen hundred  and the  votes  stand  as  follows : 

For  the  Office  of  Electors  of  President  and  Vice-President. 

Received  votes 

.  Received  . .  votes 


For  the  Office  of  Governor. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  Lieutenant  Governor. 


Received  votes 

Received  .  . .  votes 


.For  the  Office  of  Senator  in  the  Senate  of  the  United  States.. 


Received  votes 

Received  .  .  .votes 


145 

For  the  Office  of  Representative  in  Congress. 

Received   votes 

.  Received  .  votes 


For  the  Office  of  Attorney  General. 


Received votes 

Received  .  .  .votes 


For  the  Office  of  Insurance  Commissioner. 

Received  votes 

.  Received  .  .  .votes 


For  the  Office  of  State  Treasurer. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  Auditor  of  Accounts. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  Senator  in  the  General  Assembly. 

Received  votes 

.  Received  .  .  .votes 


For  the  Office  of  Senator  in  the  General  Assembly  in  Lieu  of. 

Received  votes 

.  Received  .  . .  votes 


For  the  Office  of  Representatives  in  General  Assembly. 


Received  votes 

Received  .  . .  votes 


For  the  Office  of  Prothonotary. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  Clerk  of  the  Peace. 


Received  votes 

Received  .  .  .votes 


146 

For  the  Office  of  Register  of  Wills. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  Recorder. 


Received  votes 

Received   .  .  .votes 


For  the  Office  of  Register  in  Chancery. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  Clerk  of  the  Orphans'  Court. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  Levy  Court  Commissioners. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  County  Treasurer. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  Receiver  of  Taxes  and  County  Treasurer. 


Received votes 

Received  .  .  .votes 


For  the  Office  of  County  Comptroller. 


Received votes 

Received  .  .  .votes 


For  the  Office  of  Sheriff. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  Coroner. 


Received  votes 

Received  . .  .  .votes 


147 

For  the  Office  of  Assessor. 


Received  votes 

Received  .  .  .votes 


For  the  Office  of  Inspector. 


Received  votes 

Received  .  . .  votes 


And  we  further  certify  that  the  Clerks  appointed  by  us  were 
duly  sworn  or  affirmed  according  to  law,  and  that  we  were 
duly  sworn  or  affirmed. 

In  Testimony  Whereof,  we  the  Judges  of  said  Election  for 
said  Election  District  have  hereunto  set  our  hands  the  day  and 
year  aforesaid." 

In  the  said  written  or  printed  forms  of  certificates  before 
the  same  shall  be  delivered  by  the  Sheriff  as  above  directed, 
the  name  of  the  County  and  Election  District  and  of  the  Repre- 
sentative District  and  the  date  of  the  year  shall  be  inserted  in 
the  blanks  for  said  purposes  in  the  foregoing  form;  and  the 
offices  to  be  filled  at  the  election  shall  be  inserted  with  blanks 
under  each  to  contain  the  names  of  the  persons  who  may  be 
voted  for.  with  the  number  of  votes ;  and  the  offices  not  to  be 
filled  at  the  election,  shall  be  omitted. 

1746.  Sec.  26.  Oath  of  the  Election  Officers;  Form;  Certifi- 
cate of  Qualification;  Form;  Filling  in  Blanks: — The  form  of 
the  oath  or  affirmation  to  be  administered  to  the  Inspector  or 
other  officer  authorized  by  law  to  hold  the  election  and  Judges 
shall  be  as  follows,  viz  : 

"I,    ,  do  solemnly  swear   (or 

affirm)  that  I  will  support  the  Constitution  of  the  United 
States,  and  the  Constitution  of  the  State  of  Delaware,  and  that 
I  will  faithfully  discharge  the  duties  of  the  office  of  Inspector 

(or  Judge)  of  the  election  for  election 

district   in    Representative  District   in 

County,  according  to  the  best  of  my 

ability.  •' 

There  shall  be  three  distinct  forms  of  the  foregoing  oaths 
or  affirmation  written  or  printed  on  one  sheet;  which  forms 
shall  be  numbered  and  distinguished  as  No.  1,  No.  2  and  No.  3. 
On  the  same  sheet  after  the  last  of  said  forms  shall  be  written 
or  printed  a  form  for  the  certificate  of  the  qualification  of  the 


148 

Inspector  or  other  officer  authorized  by  law  to  hold  the  election 
and  Judges  as  follows,  to  wit : 

" County  and   

Election  District Representative 

District,  ss.  We,  subscribers,  Inspector  (or  other  officers  auth- 
orized by  law  to  hold  the  election)  and  the  Judges,  for  said 
Election  District  of  the  general  election,  therein  held  on  the 
Tuesday  next  after  the  first  Monday  of  November  in  the  year 

of  our  Lord  one  thousand  nine  hundred  and certify 

that  on  said  day,  before  opening  the  said  election  in  said  elec- 
tion district,  the  foregoing  oath  or  affirmation  was  duly  admin- 
istered to  each  of  us,  according  to  law." 

All  blanks  in  said  certificates  shall  be  filled  by  the  Sheriff 
or  by  his  order,  before  delivering  the  same  to  the  inspector  or 
other  officer  authorized  by  law  to  hold  the  election. 

In  addition  to  all  the  duties  in  this  Chapter  imposed  upon 
said  Inspectors  and  Judges  of  Election,  the  faithful  discharge 
of  the  duties  of  each  of  said  officers,  so  taking  the  oath  in  this 
Section  prescribed,  shall  be  held  and  construed  to  include  that 
he  will  not  knowingly  or  wilfully,  receive,  or  consent  to  the  re- 
ceiving of,  the  vote  of  any  person  whom  he  shall  believe  not  en- 
titled to  vote,  unless  his  associates  shall  adjudge  such  persons  to 
be  entitled  to  vote,  that  he  will  not  receive  or  reject,  nor  concur 
in  receiving  or  rejecting,  any  vote  through  partiality  or  undue 
bias,  that  he  will  determine  every  matter  that  shall  come  before 
him,  and  perform  every  act  and  duty  by  law  required  of  him 
touching  the  said  election,  truly,  faithfully  and  impartially  ac- 
cording to  the  best  of  his  skill,  judgment  and  ability,  that  he 
will  cause  the  ballots  that  shall  be  taken  at  said  election  to  be 
fairly  read  and  ascertained  and  a  true  statement  thereof  to  be 
made  according  to  the  best  of  his  knowledge  and  ability,  and 
that  if  he  shall  discover  any  partiality,  unfairness  or  corruption 
in  the  conducting  of  the  said  election,  he  will  disclose  the  same 
to  the  Attorney  General  to  the  end  that  the  subject  may  be  in- 
vestigated. This  paragraph  shall  be  written  or  printed  upon 
every  sheet  containing  the  foregoing  forms  of  oaths  and  be 
read  to  each  officer  at  the  time  he  takes  the  oath  in  this  Sec- 
tion prescribed. 

1747.  Sec.  27.  Time  and  Place  of  Election;  Notice  of  by  In- 
spector; Advertisements: — The  Inspector  or  other  officer  auth- 
orized by  law  to  hold  the  election  of  each  election  district  shall 
within  two  days  after  receiving  from  the  Sheriff  or  Department 
of  Elections  for  the  City  of  Wilmington  a  list  of  officers  to  be 


149 

chosen  at  the  general  election,  give  public  notice  of  the  time 
and  place  of  holding  the  then  next  general  election  in  his  elec- 
tion district  and  of  the  officers  to  be  voted  for  at  such  election, 
by  advertisements  posted  in  at  least  five  of  the  most  public 
places  in  his  election  district. 

1748.  Sec.  28.    Absence  of  Inspector;  Who  to  Hold  Election; 
Duty  of  Registrar  and  Alternate  Registrar: — If  at  the  time  for 
holding  the  general  election  there  shall  be  no  Inspector  or  other 
officer  authorized  by  law  to  hold  the  election  of  any  election 
district,  or  if,  outside  of  the  City  of  Wilmington,  he  shall  be 
absent  from  the  place  of  election  at  half -past  eight  o'clock,  or 
in  the  City  of  "Wilmington  he  shall  be  absent  from  the  place  of 
election  at  seven  o'clock  of  the  forenoon  of  the  day  of  the  elec- 
tion, the  Registrar  of  the  said  election  district  who  shall  be 
present  with  his  Register  and  Book  of  Registered  Voters  for 
said  District,  or  in  the  event  of  the  Registrar's  absence,  the 
Alternate  Registrar  of  said  election  district  who  may  be  pres- 
ent with  a  Register  and  Book  of  Registered  Voters  of  said  elec- 
tion district,  shall  serve  as  the  Inspector  of  said  Election  Dis- 
trict and  perform  all  the  duties  required  of  him  as  such  In- 
spector. 

1749.  Sec.  29.    Inspector  to  be  Judge  and  Presiding  Officer; 
Other  Judges  How  Chosen;  Alternate  Judge  to  Act  When;  in 
Case  of  Absence  of  Judges;  Who  to  Act;  Substitutes  of  Same 
Political  Party: — Outside  of  the  City  of  Wilmington  the  In- 
spector or  other  officer  authorized  by  law  to  hold  the  election 
in  any  election  district  shall  be  a  Judge  of  the  general  election 
held  therein  and  the  presiding  officer.    There  shall  also  be  two 
other  judges  of  the  said  election,  one  of  whom  shall  be  chosen 
by  the  County  Committee  of  the  Democratic  Party  and  the 
other  by  the  County  Committee  of  the  Republican  Party.     In 
making  said  appointments,  the  respective  County  Committees 
shall  name  and  certify  two  persons  respectively,  one  of  whom 
they  shall  designate  as  Judge  and  the  other  as  Alternate  Judge, 
and  the  said  certification  shall  be  presented  to  the  Inspector 
or  other  officer  authorized  by  law^  to  hold  the  election  in  the 
respective  election  districts  on  the  morning  of  the  general  elec- 
tion and  one  hour  before  the  opening  of  the  polls.       Should 
either  or  both  of  those  designated  to  be  the  Judge  be  absent, 
the  person  named  for  Alternate  Judge  shall  be  Judge ;  if  from 
any  cause  both  the  persons  named  by  either  or  both  political 
parties  should  be  absent,  a  majority  of  the  voters  then  present 
may  elect  such  judge  or  judges  in  such  a  manner  as  at  the  time 
may  be  deemed  most  expedient  for  ascertaining  the  sense  of 


150 

the  majority ;  the  person  or  persons  so  chosen  shall  be  of  the 
same  political  party  as  those  persons  in  whose  place  they  are 
respectively  chosen. 

The  appointment,  qualification,  examination,  certificate  of 
appointment,  term  of  office,  and  removal  of,  and  the  filling  of 
vacancies  among,  Inspectors  to  serve  in  the  City  of  Wilming- 
ton, shall  be  as  provided  in  Section  2  of  Chapter  Fifty-nine. 

1750.  Sec.  30.    Refusal  of  Judge  of  Election  to  Serve;  Pen- 
alty : — If  any  person  chosen  to  be  a  Judge  of  an  election,  in  any 
election  district,  shall  refuse  to  serve,  he  shall  forfeit  and  pay 
to  the  State  a  fine  of  fifty  dollars  upon  conviction  thereof  by 
indictment  in  the  Court  of  General  Sessions    in    the     County 
where  such  offense  is  committed. 

1751.  Sec.  31.     Oath  of  Judge;  How  Executed  and  Adapted; 
Certificate  of  Qualification;  Signing  of: — Before  opening    the 
election  the  Inspector  or  other  officer  authorized  by  law  to  hold 
the  election,  and  Judges,  shall  each  take  an  oath  or  affirmation 
according  to  the  form  prescribed  in  Section  26.    Such  oath  to 
be  administered  to  the  Judges  by  the  Inspector  or  other  officer 
authorized  by  law  to  hold  the  election  and  by  one  of  them  to 
him;  and  they  shall  each,  after  taking  such  oath  or  affirma- 
tion, sign  one  of  the  written  or  printed  forms  thereof  deliv- 
ered to  the  Inspector  or  other  officer  authorized  by  law  to  hold 
the  election,  by  the  Sheriff  of  the  County,  as  provided  in  Sec- 
tion 26,  that  is  to  say:    The  form  distinguished  as  No.  1  shall 
be  signed  by  the  Inspector  or  other  officer  authorized  by  law 
to  hold  the  election,  his  name  being  first  inserted  in  the  blank ; 
the  form  No.  2  shall  be  signed  by  one  of  the  Judges,  his  name 
being  first  inserted  in  the  blank,  and  the  form  No.  3  shall  be 
signed  by  the  other  Judge,  his  name  being  first  inserted  in  the 
blank;  before  signing  the  said  forms,  it  shall  be  ascertained 
whether  the  Inspector  or  other  officer  authorized  by  law  to  hold 
the  election  or  either  of  the  Judges  conscientiously  refuse  to 
take  an  oath,  and  in  case  of  such  conscientious  refusal,  the 
form  for  the  person  so  refusing  shall  be  made  correct  by  effac- 
ing the  words  " swear  or"  in  the  beginning  of  the  form;  as  to 
the  person  who  shall  not  conscientiously  refuse  to  take  an  oath 
the  form  shall  be  made  correct  by  effacing  the  words  "or  af- 
firm" in  the  beginning  of  the  form.     The  Inspector  or  other 
officer  authorized  by  law  to  hold  the  election  and  the  Judges 
shall  also  sign  the  certificate  of  their  qualification  as  written 
or  printed  upon  the  sheet  containing  the  aforesaid  forms. 

1752.  Sec.  32.    Clerks  of  the  Election;  How  Chosen;  Oath; 


151 

Form  of;  Additional  Clerks;  Oath: — Each  of  the  said  Judges 
after  being  duly  qualified  shall  choose  one  Clerk  of  the  Elec- 
tion, who  shall  take  and  subscribe  an  oath  or  affirmation  which 
shall  be  administered  to  him  by  the  Inspector  or  other  officer 
authorized  by  law  to  hold  the  election,  or  by  one  of  the  Judges. 
The  form  of  said  oath  or  affirmation  shall  be  as  follows : 

"I,    do  solemnly  swear    (or 

affirm)  that  I  will  support  the  Constitution  of  the  United 
States,  and  the  Constitution  of  the  State  of  Delaware,  and  that 
I  will  faithfully  discharge  the  duties  of  the  office  of  Clerk  of 

the  Election  for 

Election  District  in  Representative 

District  in    County,   according 

to  the  best  of  my  ability." 

In  addition  to  all  the  duties  in  this  Chapter  imposed  upon 
said  Clerks  of  the  Election,  the  faithful  discharge  of  the  duties 
of  each  of  said  Clerks,  so  taking  the  oath  in  this  Section  pre- 
scribed, shall  be  held  and  construed  to  include  that  he  will  not 
use  or  assent  to  any  falsehood,  fraud  or  deceit,  and  that  he  will 
keep  the  polls  and  perform  his  duties  truly,  faithfully  and  im- 
partially. This  paragraph  shall  be  written  or  printed  upon 
every  sheet  containing  the  foregoing  form  of  oath,  and  be  read 
to  each  Clerk  at  the  time  he  takes  the  oath  in  this  Section  pre- 
scribed. 

If  in  reading  the  votes  and  keeping  the  tally  lists,  it  shall 
become  necessary  to  appoint  one  or  more  additional  clerks,  the 
Inspector  or  other  officer  authorized  by  law  to  hold  the  election 
and  Judges  may  do  so,  administering  to  each  clerk  so  appoint- 
ed the  foregoing  oath  or  affirmation ;  no  other  certificate  need 
be  made  of  the  oath  or  affirmation  administered  to  the  clerks 
than  that  contained  in  the  form  of  the  certificate  prescribed  in 
the  twenty-fifth  section. 

1753.  Sec.  33.  Ballot  Boxes;  Examination  of;  Key;  to  Whom 
Delivered;  by  Whom  Kept: — Before  opening  the  election  the 
Inspector  or  other  officer  authorized  by  law  to  hold  the  election 
and  the  Judges  shall  also  examine  the  ballot  box  provided  with 
a  lock  and  key,  and  see  that  the  same  contains  nothing.  The 
box  shall  then  be  locked  and  the  key  delivered  to  one  of  the 
Judges,  who  shall  keep  the  same,  and  the  box  shall  be  kept  by 
the  Inspector  or  other  officer  authorized  by  law  to  hold  the 
election  or  the  other  Judge,  so  that  the  person  having  the  key 
shall  not  have  possession  of  the  box  till  the  same  shall  be  op- 
ened as  hereinafter  directed. 


152 

1754.  Sec.  34.    Election  Room;  What  Officers  Shall  be  in; 
Others  Not  Admitted;  Others  Entering;  Misdemeanor;  Pen- 
alty:— The  Inspector  or  other  officer  authorized  by  law  to  hold 
the  election,  Judges  of  the  election  and  the  Clerks  shall,  during 
the  time  of  the  election  being  open,  be  and  continue  in  a  room 
or  place  by  themselves,  separate  from  the  other  electors,  and, 
except  as  in  this  Chapter  otherwise  provided,  no  persons  other 
than  such  Inspector  or  other  officer  authorized  by  law  to  hold 
the  election,  Judges  and  Clerks,  during  the  time  of  the  election 
being  open,  shall  be  admitted  within  such  room  or  place  with- 
out the  unanimous  consent  of  the  Inspector  or  other  officer 
authorized  by  law  to  hold  the  election  and  the  Judges ;  and  if 
any  person  shall  enter  such  room  or  place  without  such  con- 
sent, such  person  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  five  hun- 
dred nor  more  than  one  thousand  dollars,  or  be  imprisoned  for 
a  term  not  less  than  one  nor  more  than  two  years,  or  both  at 
the  discretion  of  the  Court. 

1755.  Sec.  35.    Election  Room;  What    Officers    Allowed  in; 
Others  Entering;  Interference;  Molestation;  Disturbance;  De- 
lay; Misdemeanors;  Penalty;  Representative   of  Each  Party 
May  be  Present  at  Opening ;  Retirement,  When : — The  Inspect- 
or or  other  officer  authorized  by  law  to  hold  the  election,  the 
Judges  chosen  as  provided  in  Section  29  of  this  Chapter,  and 
the  Clerks  chosen  as  provided  in  Section  32  of  this  Chapter, 
shall  be  the  only  persons  who  may  lawfully  enter  the  voting 
room  or  place  where  the  election  is  held,  except  as  herein  pro- 
vided ;  and  if  any  person  or  persons  shall  enter  the  voting  room 
or  place  where  the  election  is  held  before  the  hour  of  opening 
the  polls  on  the  day  of  election  or  at  the  time  of  opening  the 
election,  or  at  any  time  during  the  day  of  the  election  and  be- 
fore the  hour  of  closing  the  election,  or  attempt  to  enter  the 
same  for  the  purpose  of  interfering  with  the  election  officers  in 
the  discharge  of  their  duties  as  such  or  for  any  purpose,  or 
shall  attempt  to  molest,  disturb  or  prevent  the  election  officers 
from  proceeding  regularly  with  any  general  or  special  election, 
or  shall  take  charge  or  attempt  to  take  charge  of  any  voting 
room  or  place  where  the  election  is  held  within  the  time  herein 
mentioned  for  the  purpose  of  preventing  or  delaying  an  elec- 
tion, or  for  any  other  purpose  on  election  day,  such  person  or 
persons  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  five  hundred  nor 
more  than  one  thousand  dollars,  and  shall  be  imprisoned  for  a 
term  not  exceeding  three  years,  provided  that  a  single  repre- 
sentative of  each  political  party,  having  nominated  a  ticket, 


153 

and  such  party  being  represented  on  the  ballot  then  printed  for 
any  general  or  special  election,  may  at  the  opening  of  the  elec- 
tion be  present  to  aid  in  the  proper  qualification  of  the  several 
election  officers,  but  as  soon  as  the  election  officers  shall  be 
qualified  or  ready  to  open  the  election,  or  the  proper  hour 
therefor  having  arrived,  such  representatives  of  such  political 
party  shall  immediately  retire  from  the  voting  room  or  the 
place  where  the  election  is  held. 

1756.  Sec.  36.    Hour  of  Opening  Election;  by  Whom:— The 

general  election  shall  be  opened  in  every  election  district  of 
the  State  on  the  Tuesday  next  after  the  first  Monday  in  the 
month  of  November  in  the  year  in  which  the  same  is  held,  out- 
side of  the  City  of  Wilmington,  between  the  hours  of  eight  and 
nine  o'clock,  and  in  the  City  of  Wilmington  between  seven  and 
seven-thirty  o  'clock,  in  the  morning,  by  the  Inspector,  or  other 
officer  authorized  by  law  to  hold  the  election,  making  procla- 
mation that  the  same  is  open. 

1757.  Sec.  37.     Clear  Space  of  Thirty  Feet  at  Entrance    of 
Polling  Place ;  Position  of  Challengers ;  How  Voters  Shall  En- 
ter; Challengers;  Unlawful  Entry  on  Thirty  Foot  Space  or 
Within  Railing  Leading    to    Election    Room;    Misdemeanor; 
Penalty: — One  challenger  appointed  £nd  designated  by  each 
political  party,  as  hereinbefore  provided,  shall  be  entitled  to 
stand  at  the  side  of  the  passage  and  near  the  entrance  to  the 
room.    No  other  person  shall  remain  within  thirty  feet  of  said 
entrance  except  for  the  purpose  of  offering  his  vote,  except  as 
provided  in  this  Chapter ;  voters  shall  approach  and  enter  the 
passage  in  the  order  in  which  they  appear  for  the  purpose  of 
voting.    If  any  person  offering  to  vote  shall  be  challenged  by 
one  of  the  challengers,  or  by  any  one  of  the  election  officers, 
his  right  to  vote  shall  be  at  once  determined  by  the  proper 
officer,  and,  if  his  vote  is  refused,  he  shall  immediately  stand 
aside,  give  place  to  the  person  next  in  line  and  retire  without 
delay  from  within  the  thirty  feet  space  around  the  entrance 
to  the  room. 

Whoever,  not  in  this  Chapter  authorized  so  to  do,  shall  en- 
ter or  attempt  to  enter  the  election  room  or  within  the  railing 
leading  to  the  entrance  of  the  election  room,  or  shall  remain 
within  thirty  feet  of  the  polling  place,  contrary  to  the  provi- 
sions of  this  Chapter,  shall  be  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  fined  not  more  than  two  hundred 
dollars. 

1758.  Sec.  38.    Secreting  Person  in  Election  Room;  Misde- 
meanor; Penalty: — Whoever,  other  than  the  election  officers, 


154 

shall  secrete  or  attempt  to  secrete  himself  in  any  part  of  the 
polling  room  during  the  hours  of  the  election  for  any  purpose 
whatsoever,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  one  hundred  dol- 
lars, and  may  in  the  discretion  of  the  Court  be  imprisoned  for 
a  term  not  exceeding  one  year. 

1759.  Sec.  39.     Removal  or  Destruction  of  Election  Supplies; 
Tearing  Down  or  Defacing  Instruction  Cards;  Destruction  or 
Removal  of  Booth  or  Railing ;  Misdemeanors ;  Penalty : — Who- 
ever shall,  during  the  election,  remove  or  destroy  any  of  the 
supplies  or  other  conveniences  placed  in  the  booths  as  afore- 
said or  delivered  to  the  voter  for  the  purpose  of  enabling  him 
to  prepare  his  ballot,  or  shall,  during  an  election,  remove,  tear 
down  or  deface  the  cards  printed  for  the  instruction    of    the 
voters,  or  shall,  during  an  election,  destroy     or     remove  any 
booth,  railing  or  other  convenience  provided  for  such  election, 
or  shall  induce  or  attempt  to  induce  any  person  to  commit  any 
of  such  acts,  whether  or  not  any  such  acts  are  committed  or  at- 
tempted to  be  committed,  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  punished  by  imprisonment  for  not 
less  than  six  months  nor  more  than  one  year. 

1760.  Sec.  40.    Disclosure  by  Election  Officer,  How  Elector 
Voted  or  Appearance  of  Ballots  or  Envelopes;  Misdemeanor; 
Penalty: — Whoever,  being  an  election  officer,  shall  reveal  to 
any  person  how  any  elector  has  voted,  or  what  person  or  per- 
sons were  voted  for  by  him  on  any  ballot,  or  shall  give  any 
information  concerning  the  appearance  of  any  ballot  voted  or 
envelope  used,  shall  be  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  by  indictment  shall  be  fined  not  more  than  five 
hundred  dollars  and  shall  be  imprisoned  not  less  than  two  and 
not  more  than  five  years. 

1761.  Sec.  41.    Intimidation,  Persuasion,  Bribery  &c.  of  Vot- 
ers by  Election  Officer;  Violation  of  Official  Oath;  Perjury; 
Penalty;  Section  Printed  on  Oath  Blanks: — If    any    election 
officer  shall  in  any  manner  attempt  to  influence,  persuade,  in- 
timidate, bribe  or  coerce  any  voter  in  the  marking  of  his  bal- 
lot, or  in  the  making  of  the  choice  of  the  person  or  persons 
for  whom  he  votes,  or  shall  disclose  the  manner  in  which  any 
person  has  voted,  he  shall  be  deemed  to  have  knowingly  and 
wilfully  violated  his  official  duty,  and  to  be  guilty  of  wilful  and 
deliberate  perjury,  and  upon  conviction  thereof  by  indictment, 
he  shall,  in  addition  to  the  penalties  and  disabilities  annexed 
to  such  crime,  be  fined  not  more  than  five  hundred  dollars,  and 


155 

may  at  the  discretion  of  the  Court  be  imprisoned  not  exceed- 
ing two  years. 

This  Section  shall  be  written  or  printed  upon  every  sheet 
containing  the  forms  of  oaths  prescribed  in  this  Chapter  for 
Inspectors,  Judges  and  Clerks  of  Election,  and  be  read  to  each 
such  officer  at  the  time  he  takes  the  oaths  so  prescribed. 

1762.  Sec.  42.     Inducing  the  Making  of  Distinguishing  Mark 
on  Ballot;  Misdemeanor;  Penalty: — Whoever  shall  induce  or 
attempt  to  induce  any  elector  to  write,  paste  or  otherwise  place 
on  his  ballot  the  name  of  any  person,  or  any  sign  or  device  of 
any  kind,  as  a  distinguishing  mark  by  which  to  indicate  to  any 
other  person  how  such  elector  has  voted,  or  shall  enter  into 
or  attempt  to  form  any  agreement  or  conspiracy  with  any  oth- 
er person  to  induce  or  attempt  to  induce  any  elector  to  so  place 
any  distinguishing  mark  or  name  on  his  ballot,  whether  or  not 
such  act  be  committed  or  attempted  to  be  committed,  shall  be 
guilty  of  a  misdemeanor  and  on  conviction  shall  be  imprisoned 
for  not  exceeding  two  years. 

1763.  Sec.  43.    Election  Officers;  Inducing  to  Violate  Provi- 
sions of  Chapter ;  Misdemeanor ;  Penalty ;  Duty  of  Inspector  to 
Read  to  Election  Officers  Sections  42  and  43 ;  Violation  of  Pro- 
visions of  a  Violation  of  Official  Oaths : — Whoever  shall  induce 
or  attempt  to  induce  any  election  officers  to  violate  any  of  the 
provisions  of  this  Chapter,  whether  or  not  such  election  officers 
shall  violate  or  attempt  to  violate  any  of  the  provisions  of  this 
Chapter,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  imprisoned  for  a  term  not  exceeding  five  years.     It 
shall  be  the  duty  of  each  Inspector  to  distinctly  read  this  and 
the  preceding  section  to  the  election  officers  at  the  opening  of 
the  polls.     The  observance  of  the  provisions  of  said  two  sec- 
tions by  election  officers  shall  be  held  and  construed  to  be  in- 
cluded in  the  duties  of  the  office  of  said  election  officers,  and 
the  violation  of  said  provisions  by  election  officers  shall  be 
held  and  construed  to  be  a  violation  of  their  official  oaths,  pro- 
vided in  this  Chapter. 

1764.  Sec.  44.    Ballots  and  Envelopes;   Opening  Packages; 
Deposit  of  Ballots  in  Booths;  Delivery  of  Twenty-Five  Envel- 
opes to  Clerk;  Signing  of  Envelopes;  Delivery  to  Elector: — 

At  the  opening  of  the  election,  after  the  qualification  of  the 
several  officers  and  in  the  presence  of  the  others,  the  Inspector 
or  the  Chairman  of  the  Board  of  Inspectors  shall  open  the 
packages  of  ballots  and  envelopes  in  such  a  manner  as  to  pre- 
serve the  seals  intact.  He  shall  place  in  each  box  provided  in 
each  booth  at  least  ten  ballots,  and  at  all  times  during  the 


' 


156 

election  it  shall  be  his  duty  to  see  that  at  least  ten  ballots  are 
kept  in  each  box  in  each  booth.  He  shall  then  deliver  to  the 
Clerk  of  the  Election  of  the  opposite  political  party  from  his 
own  twenty-five  of  the  envelopes.  The  Clerks  of  the  Election 
shall  at  once  proceed  to  write  their  full  names  in  ink  in  the 
places  designated  on  the  envelopes,  in  their  ordinary  handwrit- 
ing, and  without  any  distinguishing  mark  of  any  kind.  As 
each  successive  elector  calls  for  a  ballot  and  envelope,  the 
Clerks  of  the  Election  having  the  custody  of  the  ballots  and 
envelopes  shall  deliver  to  him  the  first  signed  of  the  twenty- 
five  envelopes  and  one  ballot,  and  the  Inspector  shall  immedi- 
ately deliver  to  the  said  Clerk  of  the  Election  another  envelope, 
which  the  Clerks  of  Election  shall  at  once  sign,  as  before,  and 
add  to  the  envelopes  already  signed,  so  that  it  shall  be  deliv- 
ered for  voting  after  all  of  those  theretofore  signed. 

1765.  Sec.  45.    What  Envelopes  Not  Deposited : — No  Inspect- 
or of  Election,  or  other  officer  authorized  by  law  to  hold  the 
election,  or  Judge  acting  for  the  Inspector,  shall  deposit  any 
envelope  upon  which  the  names  of  the  Clerks  of  the  Election, 
as  hereinbefore  provided  for,  do  not  appear,  or  any  envelope 
on  which  appears  any  distinguishing  mark,  defacement  or  mu- 
tilation; provided,  however,  that  no  mark  shall  be  considered 
distinguishing,   and  no  envelope  shall  be   considered  defaced 
or  mutilated,  upless  it  plainly  appears  that  it  was  the  intention 
of  the  voter  to  so  mark,  deface  or  mutilate  his  envelope. 

1766.  Sec.  46.    Number  of  Persons  in  Booth  or  Voting  Room 
at  One  Time ;  Conversation  or  Communication  Only  With  What 
Persons: — Not  more  than  one  person  shall  be  permitted  to  oc- 
cupy any  booth  at  one  time ;  no  person  shall  remain  in  or 
occupy  a  booth  longer  than  may  be  necessary  to  prepare  his 
ballot  and  to  deposit  the  same  in  his  envelope,  and  in  no  event 
longer  than  three  minutes.    No  more  than  one  person  for  each 
booth  in  the  room,  other  than  the  Election  Officers,  shall  be 
permitted  to  enter  or  be  in  the  Election  room  at  any  one  time, 
except  as  in  this  Chapter  provided;  no  voter  or  person  offer- 
ing to  vote  shall  hold  any  conversation  or  communicate  with 
any  other  person  than  an  election  officer  while  in  the  election 
room,  except  as  in  this  Chapter  provided. 

1767.  Sec.  47.    Admission  of  Voter  to  Election  Room ;  Method 
of  Voting;  Conduct  of  Election  Officers  and  Electors: — When 
a  voter  shall  have  been  passed  by  the  challengers,  he  shall  be 
admitted  to  the  election  room.    There  shall  not  be  in  the  room 
at  any  time  more  than  one  voter  for  each  booth  therein.      On 


157 

entering  the  room  the  voter  shall  announce  his  name  to  the 
Clerks  of  Election  who  shall  register  it.  One  of  said  Clerks 
shall  deliver  to  him  an  envelope  and  ballot,  furnished  to  the 
Election  Officers  by  the  Clerk  of  the  Peace.  The  voter  shall 
then,  and  without  leaving  the  room,  go  alone  into  any  of  the 
booths  which  may  be  unoccupied,  and  deposit  the  ballot  which 
he  desires  to  vote  in  the  envelope  handed  him  by  the  Clerk, 
and  on  leaving  the  booth  or  compartment  he  shall  deliver  the 
envelope  containing  the  ballot  to  the  Inspector  or  the  Judge 
who  may  be  authorized  temporarily  to  act  for  the  Inspector, 
who  shall  forthwith,  in  the  presence  of  the  voter  and  of  the 
other  election  officers,  place  a  rubber  band  about  the  said  en- 
velope, in  such  manner  as  to  keep  the  ballot  placed  therein 
from  slipping  out  of  said  envelope,  and  shall  deposit  the  said 
envelope  in  the  ballot  box.  and  the  Clerks  of  the  Election  shall 
write  the  word  "voted"  after  the  name  of  the  voter  on  the  poll 
list.  The  voter  shall,  immediately  after  voting,  leave  the  room, 
and  upon  his  refusal  to  do  so.  may  be  ejected  therefrom;  no 
voter  to  whom  an  envelope  has  been  delivered  shall  be  permit- 
ted to  leave  the  room  without  voting  or  returning  the  said 
envelope  to  the  Clerk  of  the  Election.  Any  voter  who  shall 
attempt  to  leave  the  room  with  the  envelope  in  his  possession 
shall  be  at  once  arrested  on  demand  of  an  Election  Officer. 

1768.  Sec.  48.     Ballots;  How  Obtained  and  Marked  Before 
Election: — It  shall  be  lawful  for  any  voter  to  secure  a  ballot 
at  any  time  from  the  Chairman  of  the  various  political  parties 
or  from  any  other  source  whatsoever,  and  to  mark  the  same  at 
any  time  and  at  any  place  before  voting  the  same,  and  to  carry 
the  ballot  which  he  has  marked  to  the  designated  polling  place 
in  the  election  district  of  which  he  is  a  registered  and  qualified 
voter,  and  there  to  vote  the  said  ballot  in  the  manner  hereto- 
fore prescribed. 

1769.  Sec.  49.    Ballots;  How  Marked;  Rules  for  Counting:— 

Any  voter  or  elector  at  any  election  in  this  State  shall  indicate 
his  choice  of  candidates  by  marking  his  official  ballot  with  a 
black  or  indelible  lead  pencil  or  black  crayon  in  the  following 
manner : 

When  any  elector  desires  to  vote  a  straight  ticket,  that  is 
to  vote  for  all  of  the  candidates  of  a  party  appearing  in  the 
party  column  on  the  ballot,  he  shall  place  a  cross  mark  or  "X" 
within  the  square  at  the  head  of  the  party  column  containing 
the  names  of  such  candidates.  In  the  event  that  any  elector 
does  not  desire  to  vote  for  all  of  the  candidates  whose  names 


158 

appear  in  any  one  party  column,  he  shall  place  a  cross  mark 
or  "X"  in  the  square  at  the  left  of  the  name  of  the  candidate 
for  whom  he  desires  to  vote,  and  he  may  also  scratch  out  the 
name  of  the  candidate  for  whom  he  does  not  desire  to  vote, 
or  he  may  do  either. 

All  ballots  cast  at  any  election  shall  be  counted  for  the 
persons  for  whom  they  were  intended,  so  far  as  such  intention 
can  be  ascertained  therefrom,  and  in  determining  the  intention 
the  following  rules  shall  be  observed: 

First :  If  the  elector  shall  place  on  his  ballot  a  cross  mark 
or  "X"  within  the  square  containing  a  party  designation  at 
the  head  of  the  column,  he  shall  be  deemed  to  have  voted  for 
all  the  candidates  whose  names  appear  in  the  column  under 
such  mark,  unless  some  name  or  names  shall  be  erased,  or  un- 
less in  some  other  column  he  shall  have  placed  a  mark  in  the 
square  at  the  left  of  the  name  of  some  other  candidate  for  the 
same  office. 

Second :  When  the  voter  shall  place  a  mark  against  two  or 
more  names  for  the  same  office,  he  shall  be  deemed  to  have 
voted  for  none  of  them,  and  the  ballot  shall  not  be  counted  for 
either  candidate,  but  shall  be  counted  for  such  other  candidates 
as  it  is  the  evident  intention  of  the  voter  to  vote  for. 

Third:  If  any  name  be  written  on  any  ballot  the  ballot 
shall  be  void  and  not  counted. 

Fourth :  When  the  elector  shall  have  made  a  mark  in  the 
square  at  the  left  of  the  name  of  a  person  in  the  proper  place, 
he  shall  be  deemed  to  have  voted  for  that  person,  although 
he  shall  have  omitted  to  erase  or  scratch  out  the  name  printed 
in  any  other  column  for  the  same  office. 

Fifth :  A  ballot  put  in  without  any  marks  shall  not  be 
counted,  and  a  ballot  not  marked  at  the  top  shall  be  counted 
only  for  the  persons  for  whom  the  marks  thereon  are  applic- 
able. 

1770.  Sec.  50.  Distinguishing  Marks;  When  Ballots  Not 
Counted ;  Disputed  Envelopes  and  Ballots  How  Preserved ;  Un- 
used Envelopes  Destroyed;  Counted  Ballots  and  Envelopes 
How  Disposed  of;  Ballots;  How  Counted  and  Disposed  of: — 

In  the  counting  of  the  votes,  any  ballot  contained  in  an  envel- 
ope which  is  not  endorsed  with  the  names  of  the  Clerks  of  the 
Election  as  provided  in  this  Chapter,  and  any  ballot  which 


159 

shall  bear  such  a  distinguishing  mark  that  it  is  apparent  that 
such  distinguishing  mark  was  placed  thereon  with  the  intent 
of  the  voter,  or  any  ballot  which  is  contained  in  any  envelope 
which  shall  bear  any  such  distinguishing  mark,  shall  be  void 
and  shall  not  be  counted ;  and  any  ballot  or  part  of  a  ballot, 
from  which  it  is  impossible  to  determine  the  elector's  choice 
of  candidates,  shall  not  be  counted  as  to  the  candidate  or  candi- 
dates affected  thereby;  provided,  however,  that  such  ballots 
and  envelopes  and  all  disputed  ballots  and  envelopes  shall  be 
preserved  by  the  Inspector  and,  at  the  close  of  the  count,  placed 
with  the  seals  of  the  envelope  packages  in  the  box  into  which 
the  ballots  shall  have  been  put  when  read. 

If  any  envelope  should  be  found  to  contain  more  than  one 
ballot,  none  of  the  ballots  contained  in  that  envelope  shall  be 
counted.  The  election  officers  shall  also  record  on  the  tally  list 
memoranda  of  such  ballots  and  envelopes  and  the  condition  of 
the  seal  of  the  envelope  packages ;  and  in  any  contest  of  elec- 
tion such  ballot,  envelope  and  seals  may  be  submitted  in  evi- 
dence. Immediately  on  closing  the  polls,  the  envelopes  re- 
maining unused  shall  be  counted  and  destroyed  by  the  election 
officers  of  the  several  election  districts  by  totally  consuming 
by  fire,  and  the  election  officers  shall  certify  the  number  of 
envelopes  so  destroyed  by  them  on  the  respective  tally  lists. 

In  the  counting  of  the  ballots,  each  ballot  shall  be  removed 
from  its  envelope  and  counted  for  the  candidates  voted  for 
thereon,  and  immediately  returned  to  the  envelope  from  which 
it  is  taken,  and  secured  therein  by  a  rubber  band,  and  there- 
after disposed  of  as  provided  in  Section  fifty-five  of  this 
Chapter. 

1771.  Sec.  51.    Defaced  or  Mutilated  Ballot  or  Envelope  Re- 
placed; Poll  Clerk  to  Take  a  Minute  of :— Whoever  shall  by 
accident  or  mistake  spoil,  deface  or  mutilate    his    ballot     or 
envelope,  on  returning  the  spoiled  ballot  or  envelope  to  the 
Clerks  of  the  Election  and  satisfying  them  that  such  spoiling, 
defacing  or  mutilation  was  not  intentional,  shall  receive  an- 
other ballot  or  envelope  or  both  in  place  thereof,  and  such 
Clerks  shall  make  a  minute  of  the  fact  on  the  poll  lists  at  the 
time,  and  the  mutilated  ballot  or  envelope  shall  then  be  de- 
stroyed by  the  elector  in  the  presence  of  the  election  officers. 

1772.  Sec.  52.     Voting;  Entry  of  Names  of  Voters  &c;  Ballots 
Not  Examined ;  Depositing  Ballot :— Each  qualified  elector  shall 
deliver  a  single  ballot  which  shall  conform  to  the  requirements 


160 

of  the  law  of  this  State  as  to  ballots  for  any  general  or  special 
election,  containing  the  names  of  persons  voted  for,  to  the  In- 
spector or  other  officer  authorized  by  law  to  hold  the  election, 
who  shall  audibly  pronounce  the  name  of  the  elector,  which 
shall  be  entered  in  words  at  length  upon  a  list  of  polls  to  be 
kept  by  each  of  the  clerks  whom  the  judges  shall  direct  to  that 
duty,  and  one  of  the  judges  shall  write  against  it,  on  the  alpha- 
betical list  as  contained  in  the  "Book  of  Registered  Voters" 
delivered  by  the  Registrar  to  the  Inspector  or  other  officer 
authorized  by  law  to  hold  the  election,  the  word  "voted."  The 
Inspector  or  other  officer  authorized  by  law  to  hold  the  elec- 
tion shall,  immediately  after  pronouncing  the  elector's  name, 
put  the  envelope  containing  the  ballot  into  the  box  in  his  pres- 
ence, unless  the  vote  shall  be  objected  to. 

1773.  Sec.  53.  Ballots  Not  Received;  Reasons  for;  Chal- 
lenges; Determination  of  Objection;  Bribery;  Oath;  Conclusive 
Evidence;  Book  of;  Delivery  of  Book: — The  Inspector  or  other 
officer  authorized  by  law  to  hold  the  election,  shall  not  at  any 
election  receive  or  deposit  in  the  ballot  box  the  ballot  of  any 
person  offering  to  vote  until  his  name  shall  have  been  found  in 
the  list  of  registered  voters  as  contained  in  the  Book  of  Reg- 
istered Voters  delivered  to  him  for  the  purposes  of  said  elec- 
tion, and  the  Judges,  or  a  majority  of  them,  shall  be  satisfied 
that  the  person  so  offering  to  vote  is  the  person  named  in  said 
list;  but  no  objection  to  the  vote  of  any  person  whose  name 
shall  have  been  found  on  said  list  as  contained  in  said  Book  of 
Registered  Voters  shall  be  entered  or  considered  by  the  Judges 
of  the  Elections  except  for  the  following  reasons,  to  wit : 

First :  That  he  is  not  the  person  whose  name  appears  in 
said  Book  of  Registered  Voters. 

Second :  That  he  has  become  disqualified  as  a  voter  since 
he  was  registered. 

If  a  vote  be  objected  to  for  any  of  the  reasons  above  men- 
tioned, its  admission  or  rejection  shall  be  determined  accord- 
ing to  the  opinion  of  a  majority  of  the  judges ;  and 

Third :  No  person  wrho  shall  receive  or  accept  or  offer  to  re- 
ceive or  accept  or  shall  pay,  transfer  or  deliver,  or  offer  or  prom- 
ise to  pay,  transfer  or  deliver,  or  shall  contribute,  or  offer  or  prom- 
ise to  contribute  to  another  to  be  paid  or  used,  any  money  or 
other  valuable  thing  as  a  compensation,  inducement  or  reward 
for  the  registering  or  abstaining  from  registering  of  any  one 


161 

qualified  to  register,  or  for  the  giving  or  withholding  or  in  any 
manner  influencing  the  giving  or  withholding  a  vote  at  any 
general  election  in  this  State,  shall  vote  at  such  election  unless 
such  person  being  challenged  for  any  of  said  causes,  shall  take 
and  subscribe  to  the  following  oath  or  affirmation,  which  shall 
be  administered  by  the  Inspector  or  other  officer  authorized 
by  law  to  hold  the  election : 


. . 


:  I  do  solemnly 

swear  (or  affirm)  that  I  have  not  received  or  accepted,  or  offer- 
ed to  receive  or  accept,  paid,  or  transferred  or  delivered,  or 
offered  or  promised  to  pay,  transfer  or  deliver,  or  contributed 
or  offered  or  promised  to  contribute  to  another  to  be  paid  or 
used  any  money  or  other  valuable  thing  as  compensation,  in- 
ducement or  reward  for  the  registering  or  abstaining  from 
registering  of  any  one  qualified  to  register,  or  for  the  giving 
or  withholding  a  vote  at  this  election. 

Signed 


Sworn  and  subscribed  to  before  me  this 
day  of  November,  A.  D.  19 .. 


Inspector." 

Such  oath  or  affirmation  shall  be  conclusive  evidence  to 
the  election  officers  of  the  truth  of  such  oath  or  affirmation,  but 
if  any  such  oath  or  affirmation  shall  be  false,  the  person  making 
the  same  shall  be  guilty  of  perjury,  and  on  conviction  thereof 
shall  bar  any  prosecution  under  Section  8  of  Article  V  of  the 
Constitution  of  this  State.  In  order  to  enable  the  election 
officers  to  carry  into  effect  the  provisions  of  this  Section,  the 
Sheriff  of  each  County  shall  cause  to  be  prepared  a  book  con- 
taining not  less  than  five  hundred  blank  forms  of  the  oath  or 
affirmation  provided  for  in  this  Section,  and  sliall  cause  one 
of  said  books  to  be  delivered  to  the  Inspector  or  other  officer 
authorized  by  law  to  hold  the  election  in  each  of  the  election 
districts  of  his  county  at  the  time  provided  in  Section  22  of 
this  Chapter.  Such  oath  or  affirmation  when  signed  and 
attested  as  herein  provided,  shall  be  competent  evidence  in 
any  proceeding  against  the  party  making  the  same. 

1774.     Sec.  54.     Closing  Election;  Proclamation: — The  election 
shall  be  continued  open  until  six  o'clock  in  the  afternoon  when 


162 

it  shall  be  closed.  The  Inspector  or  other  officer  authorized  by 
law  to  hold  the  election,  shall  one-half  hour  before  closing  the 
election  make  proclamation  that  the  same  will  be  closed  in  that 
time. 

1775.  Sec.  55.     Counting    of    Votes;    Account    How    Kept; 
Counting1  to  be  Uninterrupted: — When  the  election  shall  be 
closed,  the  Inspector  or  other  officer  authorized  by  law  to  hold 
the  election,  and  Judges,  shall  openly  and  publicly  unlock  the 
box  containing  the  ballots,  and  shall  remove  the  lid  so  far  that 
the  envelopes  containing  the  ballots  can  be  taken  separately 
from  the  box ;  one  of  the  judges  shall  keep  in  his  custody  the 
said  box,  while  another  shall  publicly,  in  the  presence  of  the 
other  Judges  and  such  of  the  electors  as  shall  think  proper  to 
be  present,  take  the  envelopes  containing  the  ballots  one  by 
one  from  the  box,  remove  the  ballot  from  the  envelope,  and 
read  and  count  the  same,  as  provided  in  Section    50    of    this 
Chapter.    When  a  baliot  shall  be  read  and  counted,  it  shall  be 
returned  to  the  envelope,  as  provided  in  Section  50  of  this 
Chapter,  and  put  into  the  other  box  delivered  by  the  Sheriff 
to  the  Inspector  or  other  officer  authorized  by  law  to  hold  the 
election,  as  provided  in  the  twenty-second     section     of     this 
Chapter,  it  being  first  seen  that  the  said  box  contains  nothing, 
and  the  same  being  kept  during  the  reading  and  counting  in 
the  possession  of  one  of  the  Judges ;  and  two  clerks  at  least 
shall  keep  accurate  account  of  the  ballots  as  they  are  read  or 
counted,  which  shall  be  done  on  the  tally  lists  as  aforesaid,  by 
writing  the  name  of  every  person  voted  for  in  the  margin  un- 
der a  designation  of  the  office  for  which  the  vote  is  given  to 
him,  and  making  a  distinct  dot  with  a  pen  in  the  squares  in 
the  row  against  such  name  for  every  vote  such  person  shall 
receive  for  the  same  office,  and  each  square  when  full  shall 
contain  five  rows  of  dots,  each  row  consisting  of  five  dots ;  and 
each  clerk  shall  upon  reading  of  the  name  repeat  it  with  the 
number  of  the  dots  in  the  row,  pronouncing  at  the  last  dot  in 
the  square  "tally  full,"  and  at  the  first  dot  of  the  succeeding 
square  "one  of  a  new";  if  the  same  person  shall  be  voted  for 
for  different  offices,  his  name  shall  be  written  in  the  margin 
for  each  office,  and  a  just  count  kept  of  the  votes  given  to  him 
for  each  office.     The  reading  and  counting  of  the  votes  shall 
be  continued,  without  interruption  or  adjournment  until  com- 
pleted. 

1776.  Sec.  56.     Certificates  of  Result;-  Signing;  Form;  Placed 
in  Envelopes;  Entry  on  Envelopes;  Election  Officers  to  Write 


163 

Their  Names  on  the  Sealing;  Tally  Lists;  Signing;  Deposit; 
Securing  and  Sealing  Lid  of  Box;  Custody  of  Certificates:— 

Whrii  the  reading  and  counting  of  the  votes  is  completed,  the 
Inspector  or  other  officer 'authorized  by  law  to  hold  the  elec- 
tion and  Judges  shall  forthwith  make  and  sign  three  certifi- 
cates of  the  election  in  their  election  district,  according  to  the 
form  prescribed  in  Section  25,  stating  every  office  for  persons 
to  fill  which  votes  shall  have  been  given  at  said  election,  the 
name  of  every  person  to  whom  any  vote  shall  have  been  given 
for  such  office,  and  the  number,  in  words  at  length,  of  votes 
given  to  such  person  for  the  said  office.  The  said  certificates 
shall  be  put  in  separate  envelopes,  which  shall  be  furnished  by 
the  Sheriff,  and  said  envelopes  shall  be  endorsed  on  the  face 
thereof  with  the  words  "Certificate  of  the  votes  cast  in 

Election  District  of 

Representative  District  at  the  general  election  in 

County,  A.  D , "  and  on 

the  back  of  each  envelope,  after  the  same  shall  have  been  seal- 
ed, the  Inspector  or  other  officer  authorized  by  law  to  hold  the 
election  and  Judges  shall  respectively  write  their  name  cross- 
wise the  sealing. 

The  tally  lists  shall  be  signed  by  the  Inspector  or  other 
officer  authorized  by  law  to  hold  the  election,  Judges  and 
Clerks,  and  deposited  with  one  of  said  envelopes  containing  a 
certificate  in  the  box  into  which  the  ballots  shall  have  been  put 
when  read,  and  the  lid  of  said  box  shall  be  secured  by  tape 
crossed  and  sealed  with  sealing  wax  by  one  of  the  Judges  not 
being  the  Inspector  or  other  officer  authorized  by  law  to  hold 
the  election :  one  of  said  envelopes  containing  a  certificate  and 
the  ballot  boxes  shall  be  kept  by  the  Inspector  or  other  officer 
authorized  by  law  to  hold  the  election ;  the  other  and  remain- 
ing envelope  containing  a  certificate  shall  be  kept  by  one  of 
the  Judges  not  being  of  the  same  political  party  as  the  Inspect- 
or or  other  officer  authorized  bv  law  to  hold  the  election. 

1777.  Sec.  57.  Delivery  of  Certificates  and  Ballot  Box;  to 
Prothonotary ;  to  Court;  Duty  of  Court;  Canvass  of  Election; 
Board  of  Canvass;  How  Constituted;  Powers;  Opening  Ballot 
Boxes: — The  presiding  election  officer  of  each  election  district 
in  the  respective  Counties  of  the  State.  011  the  day  next  after 
the  general  election,  shall  deliver  one  of  the  envelopes  contain- 
ing a  certificate  of  the  election,  made  and  certified  as  herein- 
before required,  together  with  the  ballot  box  or  ballot  boxes, 
containing  the  ballots  and  other  papers  required  by  law  to  be 


164 

placed  therein,  to  the  Prothonotary  of  the  Superior  Court  of 
the  County  who  shall  at  twelve  o'clock  noon  on  the  second  day 
after  the  election  present  the  same  to  the  said  Court ;  and  the 
election  officer  having  charge  of  any  other  certificate  of  the 
election  shall  at  the  same  time  present  the  same  to  the  said 
Court,  and  the  said  Court  shall  at  the  same  time  convene  for 
the  performance  of  the  duties  hereby  imposed  upon  it ;  and 
thereupon  the  said  Court,  with  the  aid  of  such  of  its  officers 
and  such  sworn  assistants  as  it  shall  appoint,  shall  publicly 
ascertain  the  state  of  the  election  throughout  the  county  and 
in  the  respective  hundreds  and  election  districts,  by  calculating 
the  aggregate  amount  of  all  the  votes  for  each  office  that  shall 
have  been  given  in  all  the  hundreds  and  election  districts  of 
the  county  for  every  person  voted  for  for  such  office. 

For  the  purposes  of  this  Section,  the  Superior  Court  shall 
consist  in  New  Castle  County  of  the  Chief  Justice  and  the  Res- 
ident Associate  Judge ;  in  Kent  County  of  the  Chancellor  and 
the  Resident  Associate  Judge;  and  in  Sussex  County  of  the 
Resident  Associate  Judge  and  the  remaining  Associate  Judge, 
who  shall  for  the  purpose  of  this  Chapter  be  a  Board  of  Can- 
vass for  the  respective  Counties  of  this  State,  and  in  case  the 
certificates  of  election  of  any  election  district  in  the  County 
shall  not  be  produced,  or  in  case  the  certificates  produced  do 
not  agree,  or  in  case  of  complaint  under  oath  of  fraud  or  mis- 
take in  any  certificates,  or  in  case  fraud  or  mistake  is  apparent 
on  the  face  of  any  such  certificate,  the  Court  shall  have  the 
power  to  issue  summary  process  against  the  election  officers  of 
such  election  district  or  any  other  persons  to  bring  them  forth- 
with into  Court  with  the  election  papers  in  their  possession  or 
under  their  control,  and  to  open  the  ballot  boxes  and  take 
therefrom  any  paper  contained  therein,  and  to  make  a  recount 
of  the  ballots  contained  therein,  and  to  correct  any  fraud  or 
mistake  in  any  certificate  or  paper  relating  to  such  election. 

1778.  Sec.  58.  Death,  Sickness  or  Accident  of  or  to  Presiding 
Election  Officer;  Sending  of  Certificates  &c: — If  the  presiding 
election  officer  of  any  election  district,  after  the  election,  shall 
die  or  be  prevented  by  sickness  or  accident  from  delivering  the 
certificate  of  election,  together  with  the  ballot  box  or  ballot 
boxes  containing  the  ballots  and  other  papers  required  by 
law  to  be  placed  therein,  to  the  Prothonotary  of  the  Superior 
Court  of  the  County,  as  required  in  the  preceding  Section,  the 
said  certificate  of  election  and  ballot  boxes  for  his  election  dis- 
trict shall  be  sent  by  safe  and  secure  conveyance  (for  the  safety 


165 

of  which  the  presiding  election  officer  or  his  executors  or  ad- 
ministrators or  heirs  shall  be  responsible)  to  the  Prothonotary, 
on  the  day  next  succeeding  the  day  of  the  general  election. 

1779.  Sec.  59.  Certificates  of  Result;  Sealing;  Endorse- 
ment ;  Delivery  of  Ballot  Boxes  to  Sheriff : — After  the  state  of 
the  election  shall  have  been  ascertained  by  calculating  the 
votes  as  aforesaid,  the  said  Superior  Court  shall  make  under 
the  seal  of  said  Court,  the  following  certificates,  to  wit : 

Three  certificates  of  the  election  of  electors  of  Presi- 
dent and  Vice-President  of  the  United  States,  certifying  in 
words  at  length  the  number  of  votes  given  for  every  person 
voted  for,  for  that  office. 

Four  certificates  of  the  election  of  Governor,  certifying 
in  words  at  length,  the  number  of  votes  given  for  every  per- 
son voted  for,  for  that  office. 

Four  certificates  of  the  election  of  Lieutenant  Governor, 
certifying  in  words  at  length,  the  number  of  votes  given  for 
every  person  voted  for,  for  that  office. 

Two  certificates  of  the  election  of  a  Senator,  or  Senators, 
as  the  case  may  be,  from  this  State  in  the  Senate  of  the  United 
States,  certifying  in  words  at  length,  the  number  of  votes  given 
for  every  person  voted  for,  for  that  office. 

Two  certificates  of  the  election  of  a  representative  or 
representatives,  as  the  case  may  be,  of  this  State  in  the  House 
of  Kepresentatives  of  the  United  States  in  Congress,  certify- 
ing in  words  at  length,  the  number  of  votes  given  for  every 
person  voted  for,  for  that  office. 

Four  certificates  of  the  election  of  Attorney  General,  cer- 
tifying in  words  at  length,  the  number  of  votes  given  for  every 
person  voted  for,  for  that  office. 

Four  certificates  of  the  election  of  Insurance  Commis- 
sioner, certifying  in  words  at  length,  the  number  of  votes  given 
for  every  person  voted  for,  for  that  office. 

Four  certificates  of  the  election  of  State  Treasurer,  certi- 
fying in  words  at  length,  the  number  of  votes  given  for  every 
person  voted  for,  for  that  office. 

Four  certificates  of  the  election  of  Auditor  of  Accounts, 
certifying  in  words  at  length,  the  number  of  votes  given  for 
every  person  voted  for,  for  that  office. 


166 

Two  certificates  of  the  election  of  a  Senator  for. 

Senatorial  District   of  the   County  in  the 

General  Assembly. 

Two  certificates  of  the  election  of  a  Representative  for 

Representative  District  of  the  County 

in  the  General  Assembly. 

Two  certificates  of  the  election  of  Prothonotary. 
Two  certificates  of  the  election  of  Clerk  of  the  Peace. 
Two  certificates  of  the  election  of  Register  of  Wills. 
Two  certificates  of  the  election  of  Recorder. 
Two  certificates  of  the  election  of  Register  in  Chancery. 

Two  certificates  of  the  election  of  Clerk  of  the  Orphan's 
Court. 

One  certificate  of  the  election    of  Levy    Court     Commis- 
sioners for Levy  Court  District 

(New  Castle  County). 

One  certificate  of  the  election    of  Levy    Court     Commis- 
sioners for  Representative  District 

(Kent  County). 

One  certificate  of  the  election    of  Levy    Court     Commis- 
sioners for  Representative  District 

(Sussex  County). 

One  certificate  of  the  election  of  County  Treasurer. 

One  certificate  of  the  election  of  Receiver  of  Taxes  and 
County  Treasurer. 

One  certificate  of  the  election  of  County  Comptroller. 
Two  certificates  of  the  election  of  Sheriff. 
Two  certificates  of  the  election  of  Coroner. 

One  certificate  of  the  election  of  Assessor  for 

Assessment  District  or  Hundred  (in  New 

Castle  County). 

One  certificate  of  the  election  of  Assessor  for. . 


167 

One  certificate  of  the  election  of  Assessor  for, 
Hundred  (in  Sussex  County). 


One  certificate  of  the  election  of  Inspector  for 

Election  District  of 

Representative  District. 

The  said  Superior  Court  shall  enclose  and  seal  up  each  of 
said  certificates  separately  in  an  envelope,  with  an  endorse- 
ment thereon  describing  the  certificates  enclosed.  Upon  the 
paper  enclosing  the  certificates  of  the  election  of  Senator  or 
Representative  in  the  General  Assembly,  the  name  of  the  per- 
son chosen  shall  be  endorsed.  The  said  Court  shall  deliver  the 
ballot  boxes  to  the  Sheriff  of  the  County,  to  be  by  him  kept 
and  delivered  as  required  by  law. 

1780.  Sec.  60.  Form  of  Certificates :— The  aforesaid  certifi- 
cates may  be  according  to  the  following  form,  to  wit : 

The  State  of  Delaware County,  ss. 

Be  it  Remembered,  that  at  the  General  Election  held  on  the 
Tuesday  next  after  the  first  Monday  in  November,  in  the  year 

of  our  Lord  One  Thousand Hundred  and 

for County,  accord- 
ing to  the  Constitution  and  laws  of  the  State  of  Delaware  (here 
insert,  to-wit :  If  the  certificate  be  of  an  election  of  electors 
of  President  and  Vice-President,  of  Governor,  of  Lieutenant 
Governor,  of  Senator  in  the  Senate  of  the  United  States,  of 
Representative  in  Congress,  of  Attorney  General,  of  Insurance 
Commissioner,  of  State  Treasurer,  of  Auditor  of  Accounts,  tke 
number  in  words  at  length  of  votes  given  for  each  person  voted 
for,  for  said  respective  offices ;  if  the  certificate  be  of  an  election 
of  Senator  or  Representative  in  the  General  Assembly,  or,  of 
Prothonotary,  of  Clerk  of  the  Peace,  of  Register  of  Wills,  of 
Recorder,  of  Register  in  Chancery,  of  Clerk  of  the  Orphans' 
Court,  of  Levy  Court  Commissioner  or  Commissioners,  of  Coun- 
ty Treasurer,  of  Receiver  of  Taxes  and  County  Treasurer,  of 
County  Comptroller,  of  Sheriff,  of  Coroner,  of  Assessor  or  of 
Inspector,  the  names  of  the  persons  elected),  which  is  manifest 
by  calculating  and  ascertaining  the  aggregate  amount  of  all 
votes  given  for  each  person  voted  for  in  all  the  Hundreds  and 
Election  Districts  of  the  County,  according  to  the  provisions 
made  by  law  in  this  behalf. 

In  testimony  whereof,  we and 

constituting  the  Superior  Court  for » 


168 

County,  who  have  met  and  ascertained 

the  state  of  the  election  throughout  the  said  County,  as  the 
law  requires,  have  hereunto  set  our  hands  and  caused  the  seal 
of  the  said  Superior  Court  to  be  hereunto  affixed  at  the  Court 

House  in  said  County,  on  this day  of  November, 

A.  D 

And  the  manner  of  making  the  insertion  aforesaid  may  be 
as  follows,  to  wit : 

In  Case  of  Electors  of  President  and  Vice-President. 

votes  were  given  for for  Elector 

votes  were  given  for for  Elector 

and  so  on,  naming  each  person  voted  for. 

In  Case  of  Governor. 

votes  were  given  for for  Goyernor 

votes  were  given  for for  Governor 

and  so  on,  naming  each  person  voted  for. 

In  Case  of  Lieutenant  Governor. 

:. votes  were  given  for for  Lieutenant  Governor 

votes  were  given  for for  Lieutenant  Governor 

and  so  on,  naming  each  person  voted  for. 

In  Case  of  Senator  in  the  Senate  of  the  United  States. 

votes  were  given  for for  United  States  Senator 

votes  were  given  for for  United  States  Senator 

and  so  on,  naming  each  person  voted  for. 

In  Case  of  Kepresentative  to  Congress. 

. votes  were  given  for for  Representative  to  Congress 

.....  votes  were  given  for for  Representative  to  Congress 

and  so  on,  naming  each  person  voted  for. 

In  Case  of  Attorney  General. 

votes  were  given  for for  Attorney  General 

.. votes  were  given  for for  Attorney  General 

and  so  on,  naming  each  person  voted  for. 


169 

In  Case  of  Insurance  Commissioner. 

votes  were  given  for for  Insurance  Commissioner 

votes  were  given  for for  Insurance  Commissioner 

and  so  on,  naming  each  person  voted  for. 

In  Case  of  State  Treasurer. 

votes  were  given  for for  State  Treasurer 

votes  were  given  for for  State  Treasurer 

and  so  on,  naming  each  person  voted  for. 

In  Case  of  Auditor  of  Accounts. 

votes  were  given  fort for  Auditor  of  Accounts 

votes  were  given  for for  Auditor  of  Accounts 

and  so  on,  naming  each  person  voted  for. 

In  Case  of  Senators  to  General  Assembly. 

was  duly  elected  Senator  for  the 

Senatorial  District  for  said  County  in  the  Gen- 
eral Assembly;  and  so  on,  giving  certificates  for  each  Senator 
elected  in  the  respective  Senatorial  Districts  of  the  County ;  and 

was  duly  elected  Senator  for  the , 

Senatorial  District  for  said  County  in  lieu 

of late  Senator  for  said  Senatorial  Dis- 
trict of  said  County  in  the  General  Assembly ;  and  so  on,  giving 
certificates  for  each  Senator  elected  in  lieu  of  any  other  Sena- 
tor for  any  Senatorial  District  for  said  County  in  the  General 
Assembly. 

In  Case  of  Representatives  to  General  Assembly. 

was  duly  elected  Representative  for  the 

Representative  District  for  said 

County  in  the  General  Assembly ;  and  so  on,  giving  certificates 
for  each  Representative  elected  in  the  respective  Representa- 
tive Districts  of  the  County. 

In  Case  of  Prothonotary. 


was  duly  elected  Prothonotary  for 
County. 


170 

In  Case  of  Clerk  of  the  Peace. 


.was  duly  elected  Clerk  of  the  Peace  for 
, .  County. 


In  Case  of  Register  of  Wills. 

was  duly  elected  Register  of  Wills  for 

County. 


In  Case  of  Recorder. 

was  duly  elected  Recorder  for 

County. 

In  Case  of  Register  in  Chancery. 


was  duly  elected  Register  in  Chancery  for 
....  County. 


In  Case  of  Clerk  of  the  Orphans'  Court. 

,was  duly  elected  Clerk  of  the  Orphans' 


Court  for County. 

In  Case  of  Levy  Court  Commissioners  for  New  Castle  County. 

was  duly  elected  Levy  Court  Commissioner  for 

District  in  said  County ;  and  so  on,  giving  a 

certificate  for  each  Levy  Court  Commissioner  elected  in  each 
district  in  said  County. 

In  Case  of  Levy  Court  Commissioners  for  Kent  County. 

was  duly  elected  Levy  Court  Commissioner  for 

Representative  District  in  said  County ;  and 

so  on,  giving  a  certificate  for  each  Levy  Court  Commissioner 
elected  in  each  Representative  District  in  said  County. 

In  Case  of  Levy  Court  Commissioners  for  Sussex  County. 

was  duly  elected  Levy  Court  Commissioner  for 

Representative  District  in  said  County,  and  so 

on,  for  each  Levy  Court  Commissioner  elected  for  each  Repre- 
sentative District  in  said  County. 


171 

In  Case  of  County  Treasurer  (in  Kent  and  Sussex  County). 


was  duly  elected  County  Treasurer  for. 
,  Count  v. 


In  Case  of  Receiver  of  Taxes  and  County  Treasurer  (in  New 
Castle  County). 

was    duly    elected    Receiver    of    Taxes    and 

County  Treasurer  for  said  County. 

In  Case  of  County  Comptroller. 

was  duly  elected  County  Comptroller  for 

.  .  County. 


In  Case  of  Sheriff, 
was  dulv  elected  Sheriff  for. 


County. 

In  Case  of  Coroner. 

was  duly  elected  Coroner  for 

County. 

In  Case  of  Assessor  in  the  City  of  Wilmington. 

was  duly  elected  Assessor  for 

Assessment  District  of  the  City  of  Wilming- 
ton, and  so  on,  giving  certificates  for  each  Assessor  elected  in 
the  respective  assessment  districts  in  the  City  of  Wilmington. 

In  Case  of  Assessor  in  New  Castle  County  Outside  the  City  of 

Wilmington. 

was  duly  elected  Assessor  for 

Hundred 'in  said  County,  and  so  on,  giving  certifi- 
cates for  each  Assessor  elected  in  the  respective  Hundreds  of 
said  County. 

In  Case  of  Assessor  in  Kent  County. 

was  duly  elected  Assessor  for 

Representative  District  in  said  County,  and  so  on, 

giving  certificates  for  each  Assessor  elected  in  the  respective 
Representative  Districts  in  said  County. 


172 

In  Case  of  Assessor  in  Sussex  County. 

was  duly  elected  Assessor  for 

Hundred  in  said  County,  and  so  on,  giving  certificates 

for  each  Assessor  elected  in  the  respective  Hundreds  of  said 
County. 

In  case  of  Inspector  Outside  of  the  City  of  Wilmington. 

was  duly  elected  Inspector  for 

Election  District  of Repre- 
sentative District  for County,  and  so  on, 

giving  certificates  for  each  Inspector  elected  in  each  election 
district  in  each  Representative  District  for  the  respective 
Counties. 

1781.  Sec.  61.    Tie  Votes;  Certificate  of  Delivered  to  Gover- 
nor:— If,  by  reason  of  an  equal  number  of  votes  having  been 
cast  for  two  or  more  persons  for  the  office  of  Senator  or  Repre- 
sentative in  the  General  Assembly,  Prothonotary,  Clerk  of  the 
Peace,  Register  of  "Wills,  Recorder,  Register  in  Chancery,  Clerk 
of  the  Orphans'  Court,    Levy    Court    Commissioner,     County 
Treasurer,  Receiver  of  Taxes  and  County  Treasurer,  County 
Comptroller,  Sheriff,  Coroner,  Assessor  or  Inspector,  it  shall 
appear  to  the  said  Court  that  a  vacancy  will  occur  in  said  office, 
a  certificate  of  such  fact  shall  thereupon  be  made  under  the 
hands  of  the  said  Superior  Court,  and  under  the  seal  of  said 
Court,  which  certificate  shall  be  transmitted  by  the  said  Court 
to  the  Governor,  and  the  aforesaid  certificate  of  election  shall 
be  delivered  as  hereinafter  is  provided. 

1782.  Sec.  62.    Certificates  of  Election;    Delivery    of :— The 

said. Superior  Court  shall,  within  three  days  after  making  the 
certificates  of  the  election  for  Electors  of  President  and  Vice- 
President,  either  personally,  or  by  a  person  deputed  by  it  for 
that  purpose,  transmit,  deliver  and  lodge  the  said  certificates 
of  the  Election  for  Electors  of  President  and  Vice-President, 
one  to  the  Governor,  another  to  the  Secretary  of  State,  and  the 
other  to  the  Prothonotary  of  the  County;  and  shall  transmit, 
deliver  and  lodge  the  certificates  of  the  election  for  Governor, 
according  to  the  directions  of  the  Constitution  in  that  behalf; 
and  shall  transmit,  deliver  and  lodge  one  of  the  said  certificates 
of  the  election  for  Lieutenant  Governor  to  the  President  of  the 
Senate,  or  in  case  of  a  vacancy  in  the  office  of  President  of  the 
Senate,  or  his  absence  from  the  State,  to  the  Secretary  of  State, 
who  shall  keep  the  same  until  a  President  of  the  Senate  shall 


173 

be  chosen,  to  whom  they  shall  be  immediately  transmitted  after 
his  election,  who  shall  open  and  publish  the  same  in  the  pres- 
ence of  the  members  of  both  Houses  of  the  General  Assembly ; 
duplicates  of  the  said  returns  shall  also  be  immediately  lodged 
with  the  Prothonotary  of  each  County ;  and  shall  transmit,  de- 
liver and  lodge  one  of  each  of  said  certificates  of  the  election 
for  Senator,  or  Senators,  from  the  State  of  Delaware  in  the 
Senate  of  the  United  States,  to  the  Governor,  and  lodge  the 
other  of  the  said  certificates  in  the  office  of  the  Clerk  of  the 
Peace  of  the  County ;  and  shall  transmit,  deliver  and  lodge  one 
of  each  of  said  certificates  of  the  election  for  Representative, 
or  Representatives,  in  the  House  of  Representatives  of  the 
United  States,  to  the  Governor,  and  lodge  the  other  of  the  said 
certificates  in  the  office  of  the  Clerk  of  the  Peace  of  the  County ; 
and  shall  transmit,  deliver  and  lodge  one  of  the  certificates  of 
the  election  for  Attorney  General,  for  Insurance  Commissioner, 
for  State  Treasurer  and  for  Auditor  of  Accounts  to  the  Gover- 
nor and  the  other  of  said  certificates  in  the  office  of  the  Pro- 
thonotary of  the  County ;  and  shall  transmit  and  deliver  one  of 
said  certificates  of  the  election  of  Senator  and  one  of 
said  certificates  of  the  election  of  Representative  in  the  General 
Assembly,  in  the  office  of  the  Prothonotary  for  Kent  County, 
and  further  shall  deliver,  on -the  first  day  of  the  meeting  of  the 
General  Assembly  after  the  election,  the  other  certificate  of  the 
election  of  Senator  to  the  Senate,  and  the  other  certificate  of. 
the  election  of  Representatives  to  the  House  of  Representa- 
tives ;  and  shall  transmit  and  deliver  one  of  said  certificates  of 
the  election  of  Prothonotary,  of  the  Clerk  of  the  Peace,  of  Reg- 
ister of  "Wills,  of  Recorder,  of  Register  in  Chancery,  of  Clerk 
of  the  Orphans'  Court,  of  Sheriff5  and  of  Coroner,  to  the  Gover- 
nor, and  the  other  of  said  certificates  to  the  Clerk  of  the  Peace 
of  the  County,  except  the  one  for  Clerk  of  the  Peace,  which 
shall  be  delivered  to  the  Prothonotary ;  and  shall  transmit  and 
deliver  the  certificate  of  the  election  of  each  Levy  Court  Com- 
missioner, in  New  Castle,  Kent  and  Sussex  Counties  to  the 
Clerk  of  the  Peace  of  the  respective  Counties ;  and  shall  trans- 
mit and  deliver  the  certificate  of  election  of  the  County  Treas- 
urer, of  Receiver  of  Taxes  and  County  Treasurer  (in  New 
Castle  County),  and  of  Comptroller,  to  the  Clerk  of  the  Peace 
of  the  County;  and  shall  transmit  and  deliver  one  of  the  cer- 
tificates of  the  election  of  Assessor  and  of  Inspector,  to  the 
Clerk  of  the  Peace  of  the  County,  to  be  laid  before  the  Levy 
Court,  and  one  for  each  of  said  officers  to  the  Sheriff  of  the 
County  to  be  by  him  delivered  to  the  respective  parties  certified 


174 

to  have  been  elected.  The  Prothonotary  of  Kent  County  shall, 
on  any  day  of  the  meeting  of  the  General  Assembly,  deliver, 
if  required,  the  certificates  of  election  of  Senators  or  of  Repre- 
sentatives to  the  order  of  the  House  to  which  it  belongs,  or  to 
the  person  named  in  the  endorsement  thereon. 

1783.  Sec,  63.     Oaths,  Poll  Lists,  Register  and  Book  of  Reg- 
istered Voters;  Delivery  by  Inspectors  to  Clerk  of  the  Peace 
After  the  Election : — Each  Inspector  or  other  officer  authorized 
by  law  to  hold  the  election,  shall,  on  the  day  next  after  the 
general  election,  deliver  into  the  office  of  the  Clerk  of  the  Peace 
of  his  County,  the  oaths  or  affirmations  that  shall  have  been 
signed  by  the  Inspector,  or  other  officer  authorized  by  law  to 
hold  the  election,  and  Judges  of  the  election  in  his  election  dis- 
trict, and  the  certificate  of  said  oaths  or  affirmations  being  ad- 
ministered, to  be  made  and  signed  as  directed  in  the  thirty- 
first  Section  of  this  Chapter,  and  the  two  lists  of  the  polls  kept 
at  the  election  as  before  directed,  and  the  Register    and    the 
Book  of  Registered  Voters,  certified    to    by    the    registration 
officers,  with  the  notes  of  ' '  voted, ' '  as  the  same  shall  have  been 
made  in  said  last  mentioned  book  on  the  clay  of  the  election; 
all  of  which  shall  be  filed  in  the  office  of  the  said  clerk,  and 
shall  be  public  records,  and  as  such,  admissible  as  evidence. 

1784.  Sec.  64.    Sheriff  to  Preserve  Ballot  Boxes,  &c;  Delivery 
Thereof  to  His  Successor: — The  Sheriff  shall  preserve  the  bal- 
lot boxes  containing  the  ballots,  and  other  papers  required  by 
law  to  be  placed  therein,  safely,  and  secured  in  the  manner  in 
which  the  same  shall  have  been  delivered  to  him,  until  the  last 
day  of  February  next  after  the  election.    If  the  term  of  office 
of  the  said  Sheriff  shall  expire  prior  to  the  said  last  day  of  Feb- 
ruary, he  shall  deliver,  within  two  days  after  the  expiration 
of  his  term,  the  said  ballot  boxes,  containing  the  ballots  and 
other  papers  required  by  law  to  be  placed  therein,  preserved  in 
the  same  manner  in  which  they  were  when  delivered  to  him, 
to  his  successor  in  office,  who  shall  safely  and  securely  keep 
the  same  in  the  manner  in  which  the  same  shall  have  been  de- 
livered to  him,  until  the  said  last  day  of  February  next  after 
the  election. 

1785.  Sec.  65.    Power  of  Senate  and  House  to  Compel  Deliv- 
ery of  Ballot  Boxes: — The  Senate  shall  have  power  to  compel 
a  delivery  to  that  body  of  the  ballot  boxes  aforesaid,  and  for 
that  purpose  to  order  and  cause  to  be  arrested  and  brought  be- 
fore them  any  Sheriff  having  the  custody  of  the  said  ballot 


175 

boxes,  and  to  adjudge  him  guilty  of  a  contempt  for  neglect  or 
refusal  to  deliver  any  such  ballot  boxes,  and  to  proceed  against 
him  accordingly ;  and  the  House  of  Eepresentatives  shall  have 
power  to  compel  the  delivery  of  said  ballot  boxes  in  like  man- 
ner and  by  like  proceedings. 

1786.  Sec.  66.     Duty  of  Governor;  to  Examine  Returns;    to 
Issue  Certificates  of  Election;  to  Make  Proclamation  of  State 
of  the  Vote :— The  Governor,  after  receiving  the  certificates  of 
the  state  of  the  votes  of  the  respective  Counties  of  the  State, 
under  the  seal  of  the  Superior  Court,  for  the  office  of  Attorney 
General,  Insurance  Commissioner,  State  Treasurer  and  Auditor 
of  Accounts,  or  any  of  whom  as  shall  have  been  voted  for  at 
the  preceding  general  election,  shall,  without  delay,  examine 
the  returns  and  declare  the  person  or  persons  elected,  and  shall 
issue  certificates  of  such  election  under  his  hand,  and  the  same, 
together  with  the  returns,  shall  be  filed  in  the  office  of  the  Sec- 
retary of  State,  and  the  Governor  shall  by  proclamation  make 
public  the  state  of  the  vote  by  causing  the  same  to  be  published 
in  one  or  more  of  the  public  newspapers     of    the     respective- 
Counties  of  this  State,  and  shall  issue  commissions  to  the  per- 
sons. 1 

1787.  Sec.  67.     Violations  of  Chapter,    Not    Otherwise  Pro- 
vided for  by  Certain  Officers;  Misdemeanor;  Penalty:— If  any 
Clerk  of  the  Peace,  Inspector  of  Election,  Judge  of  Election, 
trusty  person  or  clerk  of  election,  shall  wilfully  violate  any  of 
the  provisions  of  this  Chapter  in  the  performance     of     any 
duty  herein  imposed  upon  him  for  the  violation  of  which  no 
other  punishment  is  provided  by  law,  he  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
not  less  than  three  hundred  nor  more  than  five  hundred  dol- 
lars and  may  in  the  discretion  of  the  court  be  imprisoned  for 
a  term  not  exceeding  three  years. 

1788.  Sec.  68.    Bribery  of  Expectant  Election  or  Registration 
Officer;  Misdemeanor;  Penalty: — Whoever  shall  bribe  or  at- 
tempt to  bribe  any  one  expecting  to  hold  any  official  position 
under  the  election  or  registration  laws  of  this  State,  either  as 
Registrar.  Judge,  Inspector  or  otherwise,  by  giving  money  or 
the  promise  of  money,  office  or  the  promise  of  office  or  position 
either  under  the  State  or  Federal  government,  to  perform  any 
service  for  any  political  party  in  this  State,  or  to  favor  any 
candidate  for  political  office,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  by  indictment  shall  be 
fined  not  exceeding  one  thousand  dollars,  and  may  also  in  the 


176 

discretion  of  the  Court  be  imprisoned  for  a  term  not  exceeding 
six  months. 

1789.  Sec.  69.  Intimidation  &c.  of  Electors  by  Corporations 
&c ;  Action  by  Elector : — If  any  person,  or  corporation  existing 
or  doing  business  in  this  State,  shall  hinder,  control,  coerce  or 
intimidate,  or  shall  attempt  to  hinder,  control,  or  coerce,  or  in- 
timidate any  qualified  elector  of  this  State  from  or  in  the  exer- 
cise of  his  right  to  vote  at  any  general,  special  or  municipal 
election  held  under  the  laws  of  this  State,  by  means  of  bribery, 
or  by  threats  of  depriving  such  elector  of  employment  or  occu- 
pation, absolutely  or  contingently,  directly  or  indirectly,  every 
elector  so  aggrieved  may,  in  an  action  of  debt  brought  for  that 
purpose,  sue  for  and  recover  from  the  person  or  corporation 
so  offending  as  aforesaid,  the  sum  of  five  hundred  dollars. 

In  all  trials  under  the  provisions  of  this  Section,  the  act 
or  acts  of  any  officer  of  a  corporation,  so  far  as  they  affect  or 
concern  any  employee  or  servant  of  such  corporation,  shall  be 
taken  and  held  to  be  the  act  or  acts  of  the  corporation,  whether 
general  or  special  authority  as  to  such  act  or  acts  from  the  cor- 
poration, to  such  officer  be  shown  or  not.  Nothing  herein  con- 
tained shall  be  construed  to  relieve  any  officer  of  a  corporation 
from  individual  liability  under  the  provisions  of  this  Section. 

1790.  Sec.  70.    Election  Officers  Defined;  Officers  Conducting 
Election;  Majority  to  Control: — The  Inspectors  of  Election  or 
other  persons  authorized  by  law  to  hold  the  election,  the  Judges 
of  Election,  and  Clerks     of    Election  are  and  shall  be  in  all 
Courts  and  proceedings  deemed  and  held  respectively  to  be 
election  officers. 

For  all  power,  authority  and  duties  in  this  Chapter  pre- 
scribed for  or  conferred  upon,  and  all  actions  required  of  In- 
spectors of  Election  or  other  persons  authorized  by  law  to  hold 
the  election,  and  of  the  Judges  of  Election,  except  when  other- 
wise specifically  provided  by  law,  the  concurrence  or  assent  of 
a  majority  of  all  the  officers  of  election  in  this  paragraph  men- 
tioned in  any  election  district  must  in  all  cases  be  obtained* 

1791.  Sec.  71.    Election  Officers;  Powers;  Lawful  Commands 
of  Inspectors  to  be  Obeyed;  Disobedience  a  Misdemeanor;  Pen- 
alty; Powers  of  Inspectors  of  Election  in  Wilmington: — The 

Presiding  officer  of  an  election  shall,  from  the  opening  of  the 
same  until  all  the  duties  and  proceedings  connected  therewith 
are  fully  completed,  have  power  to  command  the  peace,  and  to 
require  sureties  of  the  peace  from  any  person  disturbing  the 


177 

election,  or  the  officers  thereof  in  the  performance  of  their 
duties,  and  to  commit  to  prison  for  refusal  or  neglect  to  find 
such  surety;  and  all  officers,  and  other  persons,  are  required 
to  obey  the  lawful  commands  of  such  Presiding  Officer  in  this 
behalf ;  and  in  default  thereof,  such  officer  or  other  person  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay 
a  fine  of  fifty  dollars. 

The  Inspectors  of  Election  in  each  election  district  in  the 
City  of  Wilmington,  while  discharging  any  of  the  duties  impos- 
ed upon  them  by  this  Chapter,  shall  have  authority  to  preserve 
order  and  enforce  obedience  to  their  lawful  commands  at  and 
around  the  place  of  election  during  the  time  of  any  election 
and  counting  of  votes,  to  keep  the  access  to  such  places  open 
and  unobstructed,  to  prevent  and  suppress  riots,  tumult,  vio- 
lence, disorder  and  all  improper  practices  tending  to  the  intim- 
idation or  obstruction  of  voters,  the  disturbance  or  interrup- 
tion of  the  voting  or  counting  of  votes,  and  to  protect  the 
voters  and  challengers  from  intimidation  and  violence,  and  the 
registers,  poll  books,  boxes,  envelopes  and  ballots  from  violence 
and  fraud,  and  to  deputize,  if  necessary,  one  or  more  electors 
to  communicate  their  orders  and  directions  and  to  assist  in  the 
enforcement  thereof. 

1792,  Sec.  72.     Compensation  of  Election  Officers : — Judges  of 
Election,  Inspectors  of  Election  and  Clerks  of  Election  shall 
each  be  entitled  to  receive  five  dollars  for  each  day's  service 
rendered  by  them  in  holding  any  general  or  special  election  in 
this  State,  and  three  dollars  for  each  day's  service  rendered  by 
them  for  duties  required  of  them  or  any  of  them  on  any  other 
day  than  the  day  upon  which  such  general  or  special  election 
is  held. 

1793.  Sec.  73.    Political  Discussion  in  Polling  Place  in  Wil- 
mington Prohibited ;  Penalties : — In  the  City  of  Wilmington,  it 
shall  be  unlawful  for  any  Inspector  of  Election,  or  other  person 
authorized  by  law  to  hold  the  election,  Judge  of  Election,  Poll 
Clerk,  or  challenger,  during  the  election  or  counting  of  ballots, 
or  any  person  or  persons  within  the  polling  place,  to  electioneer 
or  engage  in  any  political  discussion.    Any  election  officer  vio- 
lating this  Section  shall  be  deemed  to  have  knowingly  and  wil- 
fully violated  his  official  duty.    Any  violation  of  this  Section 
by  any  person  or  persons  other  than  an  election  officer  shall  be 
a  misdemeanor,  and  shall  be  punished  by  imprisonment  for  not 
more  than  ninety  days  or  by  fine  of  not  more  than  two  hundred 
dollars  or  both. 


178 

1794.  Sec.  74.    Fraudulent  Voting;  Misdemeanor;  Penalty:— 

Whoever,  at  any  election  held  under  the  provisions  of  this  Chap- 
ter, shall  falsely  personate  any  elector  or  other  person,  and  vote 
or  attempt  or  offer  to  vote  in  or  upon  the  name  of  such  elector 
or  other  person,  or  shall  vote  or  attempt  to  vote  in  or  upon  the 
name  of  any  other  person  whether  living  or  dead  or  in  or  upon 
any  false,  assumed  or  fictitious  name,  or  shall  knowingly,  wil- 
fully or  fraudulently  vote  more  than  once  for  any  candidate 
at  any  election  for  the  same  office  or  shall  vote  or  attempt  or 
offer  to  vote  in  any  election  district  without  having  a  lawful 
right  to  vote  therein,  or  to  vote  more  than  once  or  to  vote  in 
more  than  one  election  district,  or  having  once  voted  shall  vote 
or  attempt  or  offer  to  vote  again  or  shall  fraudulently  deliver 
or  offer  to  the  Presiding  Officer  of  an  election  more  than  a  sin- 
gle ballot  or  shall  knowingly,  wilfully  or  fraudulently  do  any 
unlawful  act  to  secure  an  opportunity  for  himself  or  for  any 
other  person  to  vote,  shall  upon  conviction  thereof  be  adjudged 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  imprison- 
ment for  not  more  than  two  years  or  by  a  fine  of  not  more  than 
two  hundred  dollars,  or  both. 

1795.  Sec.  75.    False  Entries  by  Poll  Clerks ;  Violation  of  Offi- 
cial Duty: — If  any  Poll  Clerk,  or  Inspector  of  Election  perform- 
ing the  duty  of  Poll  Clerk,  shall  wilfully  keep  a  false  poll  list 
or  shall  knowingly  insert  in  his  poll  list  any  false  statement, 
or  any  name,  statement,  check,  letter  or  mark,  except  as  in  this 
Chapter  provided,  he  shall  be  deemed  to  have  knowingly  and 
wilfully  violated  his  official  duty. 

1796.  Sec.  76.    Failure  of  Inspector  to  Perform  Duties ;  Viola- 
tion of  Official  Duty: — Every  Inspector  of  Election  who  shall 
wilfully  exclude  any  vote  duly  tendered,  knowing  that  the  per- 
son offering  the  same  is  lawfully  entitled  to  vote  at  such  elec- 
tion, or  shall  wilfully  receive  a  vote  from  any  person  who  has 
been  duly  challenged  in  relation  to  his  right  to  vote  at  such 
election  without  exacting  from  such  person  such  oath  or  other 
proof  of  qualification  as  may  be  required  by  law,  or  who  shall 
wilfully  omit  to  challenge  any  person  offering  to  vote  whom  he 
knows  or  suspects  not  to  be  entitled  to  vote  and  who  has  not 
been  challenged  by  any  other  person,  shall  be  deemed  to  have 
knowingly  and  wilfully  violated  his  official  duty. 

1797.  Sec.  77.    Election  Officers;  Falsely  Counting  or  Certify- 
ing Vote;  Defacing,  Destroying  or  Concealing  Certificate  of 
Vote;  Violations  of  Official  Duty: — Every  Inspector  of  Elec- 
tion, or  other  person  authorized  by  law  to  hold  the  election, 


179 

Judge  thereof,  or  Poll  Clerk,  who  shall  wilfully  make  any 
false  count  of  votes  cast  at  any  election,  or  shall  make,  sign, 
publish  or  deliver  any  false  return  of  such  election  or  any  false 
certificate  or  statement  of  the  result  of  such  election,  knowing 
the  same  to  be  false,  or  who  shall  wilfully  deface,  destroy  or 
conceal  any  statement  or  certificate  intrusted  to  his  care  or 
custody,  shall  be  deemed  to  have  knowingly  and  wilfully  vio- 
lated his  official  duty. 

1798.  Sec.   78.     Fraudulent  Deposit  of  Ballots  by  Election 
Officer  in  Ballot  Box ;  Violation  of  Official  Duty ;  by  Other  Per- 
sons, a  Misdemeanor;  Penalty: — Whoever,  being  an  Election 
Officer,  shall  at  any  election  knowingly  and    wilfully    put  or 
cause  to  be  put  any  ballot  or  ballots  or  other  paper  having  the 
semblance  thereof  into  any  box  used  at  such  election  for  the 
reception  of  votes,  or  shall  knowingly  and  wilfully  cause  or 
permit  any  ballot  to  be  in  said  box  at  the  opening  of  the  polls 
and  before  voting  shall  have  commenced,  or  shall  knowingly 
or  wilfully  or  fraudulently  put  any  ballot  or  other  paper  hav- 
ing the  semblance  thereof -into  any  such  box  at  any  such  elec- 
tion unless  the  same  shall  be  offered  by  an  elector     and     his 
name  shall  have  been  found  and  checked  upon  the  Registers,  as 
hereinbefore  provided,  or  shall  fraudulently  before,  during  or 
after  the  reading  and  count  of  the  ballot,  in  any  manner  change, 
substitute  or  alter  any  ballot,  or  shall  remove  any  ballot  or 
semblance  thereof  from,  or  add  any  ballot  or  semblance  thereof 
to.  the  ballots  found  in  any  such  box  upon  the  closing  of  the 
polls,  shall  be  deemed  to  have  knowingly  and  wilfully  violated 
his  official  duty. 

Whoever,  not  being  an  Election  officer,  shall  do  or  cause  to 
be  done  any  of  the  acts,  matters  or  things  mentioned  in  the  first 
paragraph  of  this  Section,  shall  upon  conviction  thereof  be 
adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  by 
imprisonment  for  not  more  than  two  years,  or  by  a  fine  of  not 
more  than  two  hundred  dollars,  or  both. 

1799.  Sec.  79.    Wilful  Neglect  of  Duty  by  Election  Officers; 
Violation  of  Official  Duty : — Whoever,  being  an  election  officer, 
of  whom  any  duty  is  required  in  this  Chapter,  shall  be  guilty  of 
any  wilful  neglect  of  such  duty  or  of  any  corrupt  or  fraudulent 
conduct  or  practice  in  the  execution  of  the  same,  shall  be  deem- 
ed to  have  knowingly  and  wilfully  violated  his  official  duty. 

1800.  Sec.  80.     Stealing  or  Secreting  Records,  Registers,  &c; 
by  Election  Officer,  a  Violation  of  Official  Duty;  by  Other  Per- 


180 

sons,  a  Misdemeanor;  Penalty: — Whoever,  being  an  Election 
tion  Officer,  having  the  custody  of  any  record,  Eegister,  Book 
of  Registered  Voters,  or  copy  thereof,  oath,  return  of  votes, 
certificate,  poll  list,  or  any  paper,  document,  or  evidence  of  any 
description,  in  the  Election  Laws  of  this  State  directed  to  be 
made,  filed  or  preserved,  shall  steal,  wilfully  destroy,  mutilate, 
deface,  falsify,  or  fraudulently  remove  or  secrete  the  whole  or 
any  part  thereof,  or  shall  fraudulently  make  any  entry,  eras- 
ure, or  alteration  therein,  except  as  allowed  and  directed  by 
said  Election  Laws,  or  shall  permit  any  other  person  to  do  so, 
shall  be  deemed  to  have  knowingly  and  wilfully  violated  his 
official  duty. 

Whoever,  not  being  an  election  officer,  and  having  such 
custody,  shall  do  or  commit  any  of  the  acts,  matters  or  things 
in  the  first  paragraph  of  this  Section  mentioned,  shall,  upon 
conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor,  and 
shall  be  punished  for  each  and  every  such  offense  by  imprison- 
ment for  not  exceeding  two  years,  or  by  a  fine  of  not  more  than 
two  hundred  dollars,  or  both. 

1801.  Sec.  81.    Advising,    Abetting    or    Procuring    Offenses 
Named  in  Section  80;  Misdemeanor;  Penalty: — Whoever,  not 
being  an  Election  Officer,  shall  advise,  procure  or  abet  the  com- 
mission of  any  of  the  acts  mentioned  in  Section    80    of    this 
Chapter,  shall,  upon  conviction  thereof,  be  adjudged  guilty  of 
a  misdemeanor,  and  for  each  and  every  such  offense  shall  be 
punished  by  imprisonment  for  not  exceeding  two  years,  or  by 
a  fine  of  not  more  than  two  hundred  dollars,  or  both. 

1802.  Sec.  82.    Perjury;  Subornation  of  Perjury: — Whoever 
shall  be  convicted  of  wilful  false  swearing  or  affirming  in  tak- 
ing any  oath  or  affirmation  prescribed  by,  or  upon  any  examin- 
ation provided  for  in,  this  Chapter,  shall  be  adjudged  guilty  of 
perjury. 

Whoever  shall  wilfully  or  corruptly  instigate,  advise,  in- 
duce, or  procure  any  person  to  swear  or  affirm  falsely,  as  afore- 
said, or  attempt  or  offer  so  to  do,  shall  be  adjudged  guilty  of 
subornation  of  perjury,  and  shall,  upon  conviction  thereof, 
suffer  the  punishment  directed  by  law  in  cases  of  perjury. 

1803.  Sec.  83.    Tampering  with  Ballots    or    Voters;    Misde- 
meanor ;  Penalty : — Whoever  shall  fraudulently  change  or  alter 
the  ballot  of  any  elector,  or  substitute  one  ballot  for  another, 
or  fraudulently  furnish  any  elector  with  a  ballot  containing 


181 

more  than  the  proper  number  of  names,  or  shall  intentionally 
practice  any  fraud  upon  any  elector  to  induce  him  to  deposit 
a  ballot  as  his  vote  and  to  have  the  same  thrown  out  and  not 
counted,  or  to  have  the  same  counted  for  a  person  or  candidate 
other  than  the  person  or  candidate  for  whom  such  elector  in- 
tended to  vote,  or  shall  otherwise  defraud  him  of  his  vote,  shall, 
upon  conviction  thereof,  be  ad  judged,  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  imprisonment  for  not  more  than  two 
years,  or  by  a  fine  of  not  more  than  two  hundred  dollars,  or 
both. ' 

1804.  Sec.   84.    Disobeying  Inspectors;   Misdemeanor;   Pen- 
alty:— "Whoever  shall  wilfully  disobey  any  lawful  command  of 
any  Inspector  of  Election  or  other  person  authorized  by  law  to 
hold  an  election,  given  in  the  execution  of  his  or  their  duty  as 
such  at  any  election,  shall,  upon  conviction  thereof,  be  adjudg- 
ed guilty  of  a  misdemeanor,  and  shall  be  punished  by  impris- 
onment for  not  more  than  one  year,  or  by  a  fine  of  not  more 
than  two  hundred  dollars,  or  both. 

1805.  Sec.  85.    Breach  of  Peace;  Violence;  Threats,  &c;  Mis- 
demeanor ;  Penalty : — Whoever,  on  any  day  of  election,  or  dur- 
ing the  reading  and  counting  of  the  votes  cast  thereat,  shall 
cause  any  breach  of  the  peace  or  use  any  violence  or  threats  of 
violence,  whereby  any  such  election  or  reading  and  counting  of 
ballots  shall  be  impeded  or  hindered,  or  whereby  the  lawful 
proceedings  of  Election  Officers  or  challengers  at  such  election 
are  interfered  with,  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  imprison- 
ment for  not  more  than  two  years,  or  by  a  fine  of  not  more  than 
two  hundred  dollars,  or  both. 

1806.  Sec.  86.    Interference  with  Election  Officers;  Misde- 
meanor; Penalty: — Whoever  shall  knowingly  or  wilfully  ob- 
struct, hinder,  assault,  or  by  bribery,  solicitation  or  otherwise, 
interfere  with  any  Election  Officer  or  challenger  in  the  perform- 
ance of  any  duty  required  of  him,  or  which  he  may  by  law  be 
authorized  or  permitted  to  perform ;  or  whoever,  by  any  means 
before  mentioned  or  otherwise  unlawfully,  shall  on  the  day  of 
election  hinder  or  prevent  any  Election  officer  or  challenger  in 
his  free  attendance  and  presence  at  the  place  of  election  in  the 
Election  District  in  and  for  which  he  is  appointed  to  serve,  or 
in  his  full  and  free  access  and  egress  to  and  from    any    such 
place  of  election,  or  shall  molest,  interfere  with,  remove  or  eject 
from  any  such  place  of  election  any  such  election  officer  or 


182 

challenger,  or  shall  unlawfully  threaten  or  attempt  or  offer  so 
to  do,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  imprisonment  for  more  than  two 
years,  or  by  a  fine  of  not  more  than  two  hundred  dollars,  or 
both. 

1807.  Sec.  87.    Neglect  or  Refusal  by  Inspector  of  the  Duties 
Prescribed  in  Section  71 ;  Violation  of  Official  Duty :— Any  In- 
spector of  Election  or  other  person  authorized  by  law  to  hold 
the  same,  who  shall  wilfully  neglect,  or  when  called  on  .shall 
wilfully  decline,  to  exercise  the  powers  conferred  on  him  in  this 
Chapter  for  any  of  the  purposes  set  forth  in  Section  71  thereof, 
shall  be  deemed  to  have  knowingly  and  wilfully  violated  his  of- 
ficial duty. 

1808.  Sec.  88.    Stealing  or  Destroying   Ballot   Box,    Ballot, 
Poll  List,  &c ;  Misdemeanor ;  Penalty : — Whoever,  not  being  an 
Election  Officer,  shall  steal,  or  wilfully  break  or  destroy  any 
ballot  box  used  or  intended  to  be  used  at  any  election,  or  shall 
wilfully  or  fraudulently  conceal,  secrete  or  remove  any  such 
box  from  the  custody  of  the  Election  Officers,  or  shall  alter, 
deface,  injure,  destroy  or  conceal  any  ballot  or  envelope  which 
has  been  deposited  in  any  ballot  box  at  such  election,  or  any 
poll  list  used  or  intended  to  be  used  at  such  election,  or  any 
report,  return,  certificate,  or  other  evidence  in  this  Chapter 
required  or  provided  for,  shall,  on  conviction  thereof,  be  ad- 
juded  guilty  of  a  misdemeanor,  and  shall  for  each  and  every 
such  offense  be  punished  by  imprisonment  for  not  more  than 
two  years,  or  by  a  fine  of  not  more  than  two  hundred  dollars, 
or  both. 

1809.  Sec.  89.    Defects  in  Mode  of  Election,  no  Defense ;  Ac- 
cused May  Give  Evidence  of  Honest  Belief: — Irregularities  or 
defects  in  the  mode  of  noticing,  canvassing,  polling  or  conduct- 
ing any  election  authorized  by  this  Chapter  shall  constitute  no 
defense  to  a  prosecution  for  any  violation  of  the  provisions  of 
this  Chapter. 

Upon  any  prosecution  for  procuring,  offering  or  casting 
an  illegal  vote,  the  accused  may  give  in  evidence  any  fact  tend- 
ing to  show  that  he  honestly  believes  upon  good  reason  that  the 
vote  complained  of  was  a  lawful  one. 

1810.  Sec.  90.     Prosecutions  by  Attorney  General;  Duty  to 
Inform  Him  of  Violations: — The  Attorney  General  shall  im- 
mediately prosecute  all  complaints  which  may  be  made  of  a 


183 

violation  of  any  of  the  provisions  of  this  Chapter  to  final  judg- 
ment. It  shall  be  the  duty  of  all  Election  Officers  and  of  the 
Department  of  Elections  for  the  City  of  Wilmington  to  notify 
the  Attorney  General  of  all  violations  under  this  Chapter. 

1811.  Sec.  91.     Plurality  Elects: — In  all  elections,  unless  it 
be  otherwise  expressly  provided,  a  plurality,  or  the  highest 
number  of  votes,  shall  make  a  choice,  except  where  this  prin- 
ciple is  defeated  by  two  or  more  persons  having  the  same  and 
the  highest  number  of  votes  for  the  same  office. 

1812.  Sec.  92.     Residence;  Rule  as  to: — In  all  questions  of 
residence,  arising  under  the  provisions  of  the  fifth  Article  of 
the  Constitution,  the  following  rules  shall  be  observed;  that  if 
any  person,  having  resided  within  the  State,  shall  actually  re- 
move to  another  place  out  of  the  State,  with  an  intention  of 
remaining  there  for  an  indefinite  time,  as  a  place  of  present 
domicile,  he  shall  lose  his  qualification  of  residence  within  the 
State,  notwithstanding  he  may  entertain  a  floating  intention 
to  return  at  some  future  period.    The  same  principle  shall  be 
applied  to  removals  from  one  place  to  another  within  the  State. 

1813.  Sec.  93.    Liability  of  Stake  Holder  for  Paying  Election 
Bet : — If  any  stake-holder,  or  person  with  whom  any  money  or 
thing,  laid  as  a  wager  or  bet  on  the  result  of  any  election,  or 
on  the  election  or  defeat  of  any  candidate  or  person  voted  for 
thereat,  shall  be  deposited,  shall  at  any  time  either  before  or 
after  such  bet  shall  have  been  decided,  pay  over  or  deliver  to 
either  or  both  of  the  persons  betting  the  same,  or  to  any  other 
person  by  the  order  or  for  the  use  of  them,  or  either  of  them, 
the  money  or  thing  so  illegally  betted,  every  such  stake-holder 
or  depository  shall  forfeit  and  pay  to  any  person  who  will  sue 
for  the  same,  double  the  amount,  of  such     wager     or  bet,  or 
double  the  value  of  the  thing  betted.     Either  of  the  persons 
betting  shall  be  competent  witnesses  against  such  stake-holder. 

1814.  Sec.  94.     Organized  Militia;  Calling  Out  of;  When  Un- 
lawful; Penalty: — If  any  officer  or  any  other  person,  shall  call 
out  or  order  any  of  the  Organized  Militia  of  this  State  to  ap- 
pear, exercise  or  muster  on  the  day  of  any  election,  or  within 
ten  days  before  any  General  Election  or  three  days  before  any 
Special  Election,  or  within  three  days  after  either  of  such  elec- 
tions, except  in  case  of  invasion  or  insurrection,  every  such 
officer  or  other  person  shall,  for  every  such  offense,  forfeit  and 
pay  to  the  State  a  fine  of  one  thousand  dollars. 


184 

1815.  Sec.  95.  Election  Expenses ;  How  Paid : — Except  where 
otherwise  provided  by  Statute,  all  necessary  costs  and  expenses 
incurred  in  carrying  into  effect  the  provisions  of  this  Chapter 
shall  be  paid  as  other  County  expenses  are  paid.  The  ballots 
ordered  to  be  printed  by  the  County  Chairmen  of  the  various 
political  parties  as  provided  in  Section  8  of  this  Chapter  shall 
be  paid  for  by  such  political  party  as  shall  order  the  same. 


GENERAL  ELECTIONS— Article  2. 
Special  Election  for  General  Assembly. 

1816.  Sec.  96.    Vacancies  in  General  Assembly ;  Writs  of  Elec- 
tion to  Fill: — Whenever  there  shall  be  a  vacancy    in     either 
House  of  the  General  Assembly,  by  reason  of  failure  to  elect, 
ineligibility,  death,  resignation,  or  otherwise,  a  writ  of  election 
shall  be  issued  by  the  Presiding  Officer  of  the  House  in  which 
the  vacancy  exists,  directed  to  the  Sheriff  of  the  County  in 
which  such  vacancy  exists,  or  in  case  of  necessity  in  such  other 
manner  as  shall  be  provided  by  law ;  and  the  person  thereupon 
chosen  to  fill  such  vacancy  shall  hold  office  for  the  residue  of 
the  term.     Whenever  there  shall  be  such  vacancy  in  either 
House,  and  the  General  Assembly  is  not  in  session,  the  Gov- 
ernor shall  have  power  to  issue  a  writ  of  election  to  fill  such 
vacancy,  which  writ  shall  be  executed  as  a  writ  issued  by  the 
presiding  officer  of  either  House  in  case  of  vacancy,  and  the 
person  thereupon  chosen  to  fill  such  vacancy  shall  hold  office 
for  the  residue  of  the  term. 

1817.  Sec.  97.    Vacancy  in  Senate ;  Writ  of  Election  to  Fill ; 
When,  by  Whom  and  How  Executed:— If  a  writ  of  election  to 
fill  a  vacancy  in  the  Senate  be  issued  atfer  an  adjournment, 
without  day,  of  the  General  Assembly,  and  not  less  than  ten 
days  before  the  holding  of  the  general  election,  the  said  writ 
shall  be  executed  at  the  time  of  holding  the  next  general  elec- 
tion ;  the  election  to  fill  the  vacancy  pursuant  to  said  writ  being 
held  by  the  same  persons  and  in  all  respects  as  the  general 
election,  unless  a  session  of  the  Gneral  Assembly  shall,  in  the 
meantime,  be  convened  by  the  Governor. 

1818.  Sec.  98.    Vacancy  in  House ;  When  Writ  of  Election  Not 


185 

to  Issue: — If  a  vacancy  shall  happen  in  the  House  of  Repre- 
sentatives after  an  adjournment  without  day,  of  the  General 
Assembly,  no  writ  of  election  shall  be  issued  under  Section  96, 
unless  the  Governor  shall  also  issue  a  writ  for  convening  the 
General  Assembly. 

1819.  Sec.  99.    Proclamation  of  Special  Election;  Posting  by 
Sheriff: — The  Sheriff  shall,  on  the  next  day  after  receiving  a 
writ  of  election,  unless  the  same  shall  be  Sunday,  and  then  on 
the  Monday  next  following,  put  up  on  the  outside  of  the  Court 
House  door  of  his  County,  and  also  in  one  of  the  most  public 
places  of  each  Election  District  of  the  Senatorial  or  Represen- 
tative District  or  Districts  of  his  County,  included  in  said  writ 
of  election,  a  proclamation  reciting  the  said  writ  and  appoint- 
ing a  day  for  holding  a  special  election  pursuant  thereto,  such 
day  not  to  be  more  than  five  nor  less  than  four  days  next  after 
the  day  of  receiving  the  writ,  exclusive  of  that  day,  in  case 
such  writ  of  election  be  issued  to  fill  a  vacancy  occurring  or 
existing  while  the  General  Assembly  is  in  session    or  within 
twenty  days  prior  to  the  convening  of  said  General  Assembly 
in  regular  or  special  session;  if  said  vacancy  occurs  or  exists 
twenty  days  or  upwards  prior  to  a  general  or  special  session 
of  the  General  Assembly,  the  day  appointed  for  holding  a  spe- 
cial election  pursuant  to  such  a  writ  of  election  shall  be  not 
more  than  forty  nor  less  than  thirty  days  next  after  the  day  of 
receiving  the  writ,  and  so  as  to  permit  the  holding  of  the  spe- 
cial registrations  of  vpters  provided  by  law  in  case  of  a  special 
election;  subject,  however,  to  he  provisions     of    the    ninety- 
seventh  section  in  cases  falling  within  that  section. 

1820.  Sec.  100.    Vacancies  Among  Inspectors;     by    Whom, 
How  and  When  Filled : — In  case  the  Inspector  of  any  Election 
District,  within  the   Senatorial  or  Representative  District  in 
which  any  special  election  is  to  be  held  to  fill  any  vacancy  in 
the  Senate  or  House  of  Representatives,  who  served  at  the  next 
preceeding  General  Election,  shall  be  dead,  removed,  unable  to 
serve,  or  shall  refuse  to  serve,  an  Inspector  shall  be  appointed 
or  supplied  to  fill  such  vacancy  in  the  office  of  Inspector,  in  the 
same  manner  as  prescribed  in  the  case  of  the  General  Elec- 
tion. 

Forthwith  after  the  issuance  of  such  writ  of  election  for 
filling  such  vacancy  in  the  General  Assembly,  it  shall  be  the 
duty  of  the  Governor  to  fill  such  vacancy  in  the  office  of  In- 
spector, if  the  same  shall  occur  outside  of  the  City  of  Wilming- 
ton, and  of  the  Department  of  Elections  for  the  City  of  Wil- 


186 

mington  to  fill  such  vacancy,  if  the  same  occur  within  the  City 
of  Wilmington,  in  the  same  manner  as  prescribed  in  the  case 
of  the  General  Election. 

1821.  Sec.  101.    Notice  of  Special  Election  by  Sheriff  to  In- 
spectors; Notice  by  Inspectors: — The  Sheriff  shall  also,  upon 
receiving  a  writ  of  election,  deliver  a  written  notice  thereof 
and  of  the  day  appointed  for  holding    an    election    pursuant 
thereto  to  the  Inspector  of  each  Election  District,  within  the 
Senatorial   or  Representative   District  in  which   such  special 
election  is  to  be  held,  to  fill  such  vacancy  in  the  Senate  or  House 
of  Representatives,  who  served  at  the  preceding  general  elec- 
tion, or  if  such  Inspector  of  any  such  election  district  be  dead, 
removed,  unable  to  serve  or  shall  refuse  to  serve,  then  to  the 
Inspector  of  any  such  Election  District  who  shall  be  appointed 
for  such  Election  District  to  fill  the  vacancy  in  such  office  of 
Inspector,  as  prescribed  in  the  preceding  Section. 

Every  Inspector  receiving  such  notice  as  aforesaid  shall 
forthwith  give  public  notice  thereof,  by  advertisements  posted 
in  at  least  five  of  the  most  public  places  of  his  Election  Dis- 
trict, stating  the  day  and  place  of  the  election  and  the- officer 
or  officers  to  be  chosen. 

1822.  Sec.  102.    Election  Officers  for  Special  Election;  Va- 
cancies ;  How  Filled : — The  Inspectors  who  served  in  such  elec- 
tion districts  at  the  next  preceding  election,  or  the  persons  so 
appointed  or  supplied  to  fill  vacancies  among  such  Inspectors, 
shall  be  the  Presiding  Officers  for  such  special  election.     The 
Judges  of  Election,  Poll  Clerks,  and  challengers  who  served  in 
the  several  election  districts  within  the  Senatorial  or  Repre- 
sentative District  in  which  such  special  election  .is  to  be  held, 
at  the  next  preceding  election,  shall  serve  in  such  Election 
Districts  in  their  several  capacities  as  aforesaid  for  such  Spe- 
cial Election;  and  any  vacancies  occurring     for     any     cause 
among  any  of  said  Election  Officers  or  challengers  shall  be  fill- 
ed in  the  same  manner  as  said  officers  or  challengers  are  orig- 
inally appointed  for  a  general  election. 

1823.  Sec.  103.    General  Election  Laws  Applicable :— Every 

such  special  election  in  the  Representative  or  Senatorial  Dis- 
trict, to  fill  the  vacancy  in  which  the  special  election  is  to  be 
held,  shall  be  provided  for,  opened,  held,  conducted  and  closed, 
and  the  result  thereof  ascertained  and  certified  in  the  same 
manner,  at  the  same  places,  and  subject  to  the  same  laws,  so  far 
as  the  same  may  be  applicable,  as  are  prescribed  for  the  Gen- 


187 

eral  Election;  provided,  however,  that  the  Clerk  of  the  Peace 
shall  not  be  required  to  publish  in  a  newspaper  ten  days  before 
the  election  the  nominations  made  in  anywise  for  such  special 
election. 

1824.  Sec.  104.  Board  of  Canvass;  How  Constituted;  Duties 
How  Performed : — The  Superior  Court  of  any  County,  in  which 
such  special  election  shall  be  held,  as  constituted  under  Article 
V,  Section  6,  of  the  Constitution,  shall,  at  twelve  o  'clock  on  the 
second  day  after  such  special  election,  convene  and  perform 
its  duties,  prescribed  by  said  Section,  with  reference  to  such 
special  election,  at  the  same  place,  with  the  same  powers  and 
in  the  same  manner  as  for  a  general  election. 


GENERAL  ELECTIONS— Article  3. 
Military  Interference  With  Elections. 

1825.  Sec.  165.    Bringing  Armed  Soldiers  Into  State  to  Inter- 
fere With  Elections;  Felony;  Penalty: — Whoever,  being  a  cit- 
izen or  inhabitant  of  this  State,  shall  send  or  cause  to  be  sent, 
bring  or  cause  to  be  brought  into  this  State,  or  shall  aid,  abet, 
procure,  advise,  counsel,  or  in  any  manner  assist  in  sending  or 
bringing  into  this  State  any  armed  soldier  or  soldiers  to  be 
present  at  any  voting  place  in  this  State  or  within  five  miles 
thereof,  on  the  day  of  any  general,  special  or  other  election  held 
in  this  State,  or  shall  aid,  abet,  procure,  advise,  counsel,  or  in 
any  manner  assist  the  presence  or  attendance  of  any  armed 
soldier  or  soldiers  at  any  such  voting  place,  or  within  five  miles 
thereof,  on  any  such  election  day,  shall  be  guilty  of  felony,  and 
upon  conviction  thereof  by  indictment,  shall  forfeit  and  pay  to 
the  State  a  fine  of  not  less  than  one  thousand  dollars  and  not 
more  than  ten  thousand  dollars,  and  shall  be  imprisoned  for  a 
term  of  not  less  than  one  nor  more  than  five  years,  and  shall 
forever  thereafter  be  incapable  of  exercising  the  right  of  suf- 
frage in  this  State. 

1826.  Sec.  106.    Abetting  or  Counselling  Military  Interfer- 
ence With  Elections ;  Felony ;  Penalty : — Whoever,  being  a  cit- 
izen or  inhabitant  of  this  State,  shall  aid.  abet,  procure,  advise, 
counsel,  or  in  any  manner  assist  or  be  guilty  of  military  inter- 


188 

ference  in  any  manner  with  the  freedom  of  any  election  in  this 
State,  shall  be  guilty  of  felony,  and  upon  conviction  thereof 
by  indictment,  shall  forfeit  and  pay  to  the  State  a  fine  of  not 
less  than  one  thousand  dollars  nor  more  than  ten  thousand 
dollars,  arid  shall  be  imprisoned  for  a  term  not  less  than  one 
nor  more  than  five  years,  and  shall  forever  thereafter  be  in- 
capable of  exercising  the  right  of  suffrage  in  this  State. 

1827.  Sec.  107.    Administering  Oaths  as  Prerequisite  for  Vot- 
ing Not  Authorized  by  Constitution  or  laws  of  State;  Misde- 
meanor; Penalty: — If  any  Inspector, Presiding  Officer, or  Judge 
of  any  Election  in  this  State,  or  any  other  person,  shall  admin- 
ister or  cause  to  be  administered  to  any  legal  voter  in  this  State, 
any  oath  or  affirmation  not  authorized  by  the  Constitution  or 
Laws  of  this  State  for  that  purpose,  as  a  prerequisite  or  condi- 
tion of  voting  at  any  election  in  this  State,  except  when  such 
oath  or  affirmation  shall  be  administered  in  order  to  satisfy 
such  Inspector,  Presiding  Officer  or  Judge,  that  such  vote  is  a 
legal  vote  according  to  the  Constitution  and  Laws  of  this  State, 
such  Inspector,  Presiding  Officer,  Judge  or  other  person  so 
offending,  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  by  indictment  shall,  for  every  such  offense,  for- 
feit and  pay  to  the  State  a  fine  of  not  less  than*  five  hundred 
dollars  and  not  more  than  one  thousand  dollars,  and  shall  be 
imprisoned  for  a  term  of  ten  days. 

1828.  Sec.  108.    Voter  Interfered  With  by  Military  Power, 
&c ;  Civil  Remedy : — Whoever,  being  a  duly  qualified  elector  of 
this  State,  according  to  the  Constitution  and  Laws  thereof, 
shall  be  prevented  from  voting,  or  obstructed  in  his  effort  to 
vote  at  any  election,  by  reason  of  any  interference  by  any  per- 
son or  persons,  or  military  power,  or  other  power,  exercising 
or  attempting  to  exercise  force,  intimidation  or  threats,  or  re- 
quiring any  qualifications  or  conditions  unknown  to  such  Con- 
stitution and  Laws,  shall  be  deemed  and  taken  to  have  suffered 
private  damage  and  injury,  and  shall  have  civil  remedy  there- 
for, in  the  Courts  of  this  State,  by  action  of  tresspass  or  on  the 
case,  according  to  the  nature  of  the  interference,  against  all 
and  every  person  or  persons  who  promote  such  interference, 
whether  by  active  participation,  or  by  advising,  counselling, 
or  in  anywise  encouraging  the  same ;  and  in  any  trial  under 
this  Section  or  the  following  Section,  the  jury,  if,  in  their  opin- 
ion the  circumstances  will  warrant  it,  may  give  exemplary 
damages. 


189 

1829.  Sec.  109.     Citizens  to  Make  Disclosures;  Failure;  Pen- 
alty:— It  shall  be  the  duty  of  every  citizen  of  this  State  who 
has  knowledge  of  any  design  on  the  part  of  any  other  citizen 
or  citizens  of  this  State  to  promote  interference  with  elections, 
either  by  soliciting  or  advising  the  presence  of  a  military  force 
at  or  near  the  place  or  places  of  holding  such  elections  or  by 
the  employment  of  any  other  organized  or  unorganized  body 
of  men,  or  by  intimidation,  or  threats,  forthwith  to  make  pub- 
lic disclosure  of  such  knowledge,  stating  names,  by  an  affidavit 
to  be  made  before  any  one  of  the  Judges  of  this  State,  and  to 
file  the  same  in  the  office  of  the  Clerk  of  the  Peace  of  the  Coun- 
ty where  the  Judge  resides;  and  if  any  such  citizen,  having 
such  knowledge,  shall  fail  to  make  such  affidavit  and  cause  the 
the  same  to  be  filed  as  aforesaid,  he  shall  be  treated  as  a  pro- 
moter of  the   interference  mentioned  in  the   next  preceding 
Section,  and  be  liable  as  is  therein  provided.' 

1830.  Sec.  110.     Limitation  of  Actions    Under    Sections    108 
and  109: — The  limitation  of  actions  commenced  under  Sec- 
tions 108  and  109  shall  be  ten  years  from  the  time  of  the  ac- 
cruing of  the  cause  of  action. 

1831.  Sec.  111.    Elector  Prevented  From  Voting  at  Regular 
Voting  Place;  Where  and  How  He  May  Vote: — If  it  shall  so 
happen  that  by  reason  of  the  presence  of  any  military  force 
at  or  near  the  place  of  holding  an  election  in  this  State,  under 
the  provisions  of  this  Chapter,  electors  duly  qualified  by  the 
Constitution  and  Laws  of  this  State  to  vote  at  said  place  at 
said  election  shall  be  prevented  from,  or  interfered  with,  in 
casting  their  votes,  by  military  force,  or  by  the  requirement 
of  oaths  unknown  to  said  Constitution  and  Laws,  any  number 
of  electors,  not  less  than  five,  shall  have  the  right  to  withdraw 
from  the  said  place  to  any  other  place  within  the  voting  dis- 
trict where  such  prevention  or  interference  shall  take  place, 
and  having  there, by  a  majority  of  the  electors  present,  selected 
a  duly  qualified  elector  of'  said  District,  who  shall  be  a  free- 
holder, to  act  as  Inspector,  to  deliver  to  him  there  their  respect- 
ive ballots ;  said  Inspector  shall  receive  the  said  ballots  and 
record  the  name  of  the  voter  upon  a  list  to  be  kept  by  him  for 
that  purpose,  and  immediately  write  upon  each     ballot     the 
name  of  the  person  who  delivered  the  same  to  him,  the  said 
Inspector  having  first  administered  to  each  person  offering  to 
vote  an  oath  or  affirmation  in  the  following  words,  that  is  to 
say:     "You  do  solemnly  swear  (or  affirm)  that  you  are  now 
a  duly  registered  voter  of  this  Election  District,  that  you  have 


190 

not  voted  and  will  not  vote  on  this  day  at  any  other  place  in 
this  or  any  other  Election  District,  and  that  you  have  been 
hindered  or  prevented  from  casting  your  vote  at  the  regular 
place  of  holding  the  election  in  this  District,  by  military  inter- 
ference, or  by  the  requirement  of  oaths  unauthorized  by  the 
Constitution  and  Laws  of  this  State." 

1832.  Sec.  112.  Duty  of  Inspector  for  Special  Polls  as  to  Re- 
turn of  Election: — The  polls  authorized  to  be  held  by  the  pre- 
ceding Section  shall  be  held  at  the  place  where  they  are  open- 
ed, unless  it  be  impracticable  to  hold  them  there,  in  which  event 
they  shall  be  adjourned  to  some  other  place,  or  places  (if  nec- 
essary), in  the  election  district  where  they  are  opened,  and 
there  held,  and  shall  be  kept  open  until  six  o  'clock  in  the  after- 
noon, when  the  Inspector  shall  close  them.  As  soon  as  such 
polls  are  closed,  the  Inspector  holding  them,  having  first  ascer- 
tained the  number  of  ballots  cast,  and  for  .whom  and  for  what 
office  the  votes  were  given,  and  made  a  certificate  thereof, 
shall  seal  up  the  ballots  received  by  him  in  a  box  or  envelope, 
and  keep  them  safely,  together  with  the  list  of  the  names  of 
the  electors  who  have  deposited  their  ballots  with  him,  until  the 
time  of  the  meeting  of  the  Superior  Court  of  his  County,  con- 
stituted as  provided  by  Section  6,  Article  V  ,of  the  Constitution 
of  this  State,  provided  by  this  Chapter,  when  he  shall  appear 
before  the  said  Court  with  the  said  ballots  and  list  of  voters 
and  his  certificate  aforesaid,  and  deliver  his  said  certificate 
to  the  said  Court,  with  an  affidavit  made  by  him  upon  the  same, 
that  it  contains  a  true  and  faithful  statement  of  the  number  of 
ballots  received  by  him  as  aforesaid,  the  names  of  the  electors 
who  cast  them,  the  number  of  votes  for  the  different  persons 
voted  for,  and  that  at  the  said  poll  held  by  him,  he  did  not 
knowingly  receive  the  ballot  of  any  person  not  a  duly  qualified 
voter  within  his  election  district  according  to  the  Constitution 
and  Laws  of  the  State  of  Delaware  and  did  not  refuse  to  re- 
ceive the  ballot  of  any  person  so  qualified,  who  have  been  pre- 
vented from  voting  at  the  regular  place  of  voting  by  military 
force  or  the  requirement  of  an  oath  unauthorized  by  the  Con- 
stitution and  Laws  of  the  State  of  Delaware,  and  that  he  deter- 
mined every  matter  that  came  before  him  and  performed  ev- 
ery act  and  duty  required  of  him  by  law  touching  the  election 
held  by  him,  truly,  faithfully,  and  impartially,  according  to  the 
best  of  his  skill  and  judgment. 


191 

1833.  Sec.  113.    Duty  of  Superior  Court  Sitting  as  Board  of 
Canvass : — It  shall  be  the  duty  of  the  said  Superior  Court,  sit- 
ting as  a  Board  of  Canvass  as  aforesaid,  to  receive  the  said 
certificate,  and  in  ascertaining  and  certifying  the  state  of  the 
election  under  the  provisions  of  this  Chapter,  to  take  into  con- 
sideration the  number  of  ballots  certified  by  said  Inspector  to 
have  been  received  by  him  and  for  whom  and  what  office  the 
votes  were  given,  and  give  said  certificate  the  same  force  and 
effect,  and  it  shall  have  the  same  force  and  effect,  as  a  certifi- 
cate of  the  election  officers  at  any  of  the  regular  places  of  hold- 
ing the  election;  the  votes  so  given  shall  be  reckoned  among 
the  number  of  votes  given  in  the  Election  District  where  they 
were  received  by  the  said  Inspector,  in  the  same  manner  as 
if  they  had  beeii  given  at  the  regular  place  of  voting  in  said 
District;  provided  always,  however,  that  the  said  Court  shall 
be  required  to  hear  and  determine  challenges  as  to  the  right  of 
any  person,  who  deliverd  his  ballot  to  the  said  Inspector,  and 
reject  any  ballot  if  the  person  who  cast  the  same  had  not  a 
right  to  vote  under  the  Constitution  and  Laws  of  this  State, 
either  from  want  of  qualification,  or  by  reason  of  his  having 
voted  at  any  other  place  in  the  State  where  he  was  entitled  to 
vote  on  the' same  day.    Such  of  the  said  ballots  so  received  by 
the  said  Inspector,  as  are  not  rejected  by  the  said  Court,  and 
also  the  list  of  voters,  and  the  certificate  aforesaid,  shall  be 
deposited  by  the  said  Court  in  the  regular  ballot  box  of  the 
said  election  district  where  they  were  cast,  and  the  said  box 
shall  then  be  immediately  re-sealed  by  the  said  Court.     The 
said  Court  shall  also  have  power  to  open  said  ballot  box  for 
said  purpose.    The  said  Court  shall  also  have  power  to  exam- 
ine on  oath  the  said  Inspector,  touching  any  matter  connected 
with  the  holding  of  the  election  by  him,  and  shall  have  power, 
if  it  appear  to  it  that  said  election  was  not  fairly  held  by  such 
Inspector,  to  reject  his  said  certificate,  and  throw  out  the  vote 
returned  by  him  as  aforesaid. 

1834.  Sec.  114.     Court  Acting  as  Board    of    Canvass    May 
Choose  Place  of  Meeting;  When: — If  it  shall  be  apparent  to 
said  Court  sitting  as  Board  of  Canvass  that  any  interference 
with  the  performance  of  its  duties  under  this  Chapter  will  be 
attempted  by  military  force,  or  if,  after  it  has  met,  any  such 
interference  is  attempted,  it  shall  have  power  to  meet  at  any 
other  place  within  its  County  to  perform  its  said  duties.    And 
further,  if  any  member  of  said  Court,  or  any  such  Inspector 
created  by  virtue  of  this  Chapter,  or  any  Inspector  of  said  elec- 
tion, shall  be  prevented,  by  reason  of  such  interference  from 


192 

attending  the  meeting  of  the  said  Court,  or  if  the  said  Court, 
being  met,  shall  be  prevented  by  such  interference  from  per- 
forming the  duties  incumbent  on  it,  it  shall  be  the  duty  of  the 
said  Court  to  adjourn  to  meet  at  some  other  time  and  other 
place  (if  necessary)  to  perform  its  duties  under  the  laws  of 
this  State,  and  so  to  adjourn  from  time  to  time  until  such  duties 
can  be  performed.  The  duty  of  attendance  upon  said  Court 
on  the  part  of  such  an  Inspector  created  by  authority  of  this 
Chapter,  and  the  penalties  upon  him  for  not  appearing  shall 
be  the  same  as  in  the  case  of  the  Inspectors  regularly. elected 
or  appointed  according  to  law. 

1835.  Sec.  115.    Number  of  Polls  Not  Limited  to  Two  in  Each 
District: — Nothing  herein  contained  shall    limit     the     voting 
places  to  two  in  an  Election  District,  but,  the  emergency  con- 
templated above  arising,  as  many  different  polls  may  be  held 
as  there  are  numbers  of  voters  of  five  or  more,  who  under  the 
circumstances  aforesaid  withdraw  from  the  regular  place  of 
holding  the  election  for  the  purpose  of  casting  their  ballots 
without  intimidation  or  interference. 

1836.  Sec.  116.    Clerk  of  Election;  Oath;  Compensation  of 
Inspectors  and  Clerks: — Each  Inspector  chosen  under  the  pro- 
visions of  Section  111  of  this  Chapter  shall  have  power  to  ap- 
point a  Clerk  to  aid  him  in  the  discharge  of  such  duties  as  are 
clerical,  and  shall  administer  to  him,  before  he  enters  upon  the 
discharge  of  the  duties  to  be  assigned  to  him,  an  oath  or  affir- 
mation in  these  words:  "I  do  solemnly  swear  (or  affirm)  that 
I  will  support  the  Constitution  of  the  United  States,  and  the 
Constitution  of  the  State  of  Delaware,  and  that  I  will  faith- 
fully discharge  the  duties  of  the  office  of  Clerk  of  the  Election 
for  this  election  in  Election  District  in 
Representative  District  in  County,  according  to 
the  best  of  my  ability. ' '    The  Inspectors  and  Clerks,  so  elected 
and  appointed,  shall  receive  the  same  compensation  as  Inspect- 
ors and  Clerks  elected  and  appointed  under  the  provisions  of 
this  Chapter  for  the  general  election. 


193 


GENERAL  ELECTIONS— Article  4. 

Exercise  of  Right  of  Suffrage  by  Electors  in  Military  or  Naval 

Service. 

1837.  Sec.  117.     Right  to  Vote: — Whenever  any  of  the  qual- 
ified voters  of  this  State  shall  be  engaged  in  the  military  or 
naval  service  of  this  State  or  of  the  United  States,  and  as  such 
absent  from  the  election  district  of  their  residence,  on  the  days 
appointed  by  law  for  holding  County,  State,  Congressional  or 
Presidential  elections  within  this  State,  or  on  the  days  appoint- 
ed in  writs  of  election  issued  by  the  Presiding  Officer  of  either 
House  of  the  General  Assembly  or  the  Governor  for  holding 
special  elections  to  fill  vacancies,  such  qualified  voters  shall 
be  entitled  at  such  time  to  exercise  the  right  of  suffrage  as 
fully  as  if  they  were  present  at  their  usual  places  of  election. 

1838.  Sec.  118.    Poll  for  Receiving  Votes;  Where  Opened; 
Who  Entitled : — A  poll  shall  be  opened  in  each  company  at  the 
quarters  of  the  Captain  or  other  commanding  officer  thereof, 
and  all  electors  belonging  to  such  Company  who  shall  be  within 
two  miles  of  such  quarters  on  the  day  of  the  election,  shall  vote 
at  such  poll,  and  at  no  other  place ;  officers,  other  than  those  of 
a  Company,  and  other  voters  detached  and  absent  from  their 
Companies  on  duties  which  will  not  permit  them  to  return  to 
their  Companies  may  vote  at  such  of  the  said  polls  as  may  be 
most  convenient  to  them. 

1839.  Sec.  119.     Hours  of  Voting:— The  polls  shall  be  open  at 
ten  o  'clock  in  the  morning  and  close  at  five  o  'clock  in  the  after- 
noon. 

1840.  Sec.  120.    Election  Officers;  Election  and  Appointment: 

—At  ten  o'clock  in  the  morning  on  the  day  of  election  the  vot- 
voters  present  at  each  of  the  polling  places  aforesaid  shall  elect 
ers  present  at  each  of  the  polling  places  aforesaid  shall  elect  viva 
voce  three  persons  present  at  the  time,  and  having  the  qualifica- 
tions of  electors  in  this  State,  for  judges  of  said  election ;  and 
the  Judges  so  elected  shall  then  appoint  two  of  the  remaining 
qualified  electors  present  to  act  as  Clerks  of  said  Election.  Said 
Judges  may  elect  one  of  their  number  as  Presiding  Officer. 


194 

1841.  Sec.  121.     Oath  of  Officers: — Before  any  votes  shall  be 
received,  said  Judges  and  Clerks  shall  each  take  the  oath  or 
affirmation  required  by  the  Election  Laws  of  this  State  to  be 
taken  by  persons  serving  in  the  capacity  of  Election  Officers, 
which  oath  or  affirmation  any  of  the  Clerks  or  Judges  herein 
provided  for  may  administer  to  each  other ;  said  oath  or  affirm- 
ation shall  be  in  writing,  signed  by  said  Judges  and  Clerks 
taking  the  same,  and  shall  be  returned  to  the  proper  officer  of 
this  State  with  the  ballots  and  other  papers  of  the  Election 
returns. 

1842.  Sec.   122.     Elections  by  Ballot;   Challenge :— All  elec- 
tions shall  be  by  ballot,  and  the  Judges  of  Election  may,  and 
upon  challenge  of  any  voter  shall,  examine  under  oath  such 
voter  (which  oath  any  of  the  Judges  may  administer)  in  re- 
spect to  his  right  and  qualifications  to  vote  in  the  particular 
election  district  of  this  State  in  which  he  claims  residence. 

1843.  Sec.  123.     Poll  Lists;  Entries: — At  each  polling  place 
three  poll  lists  shall  be  kept,  one  for  each  County  in  this  State, 
and  plainly  labelled  as  such  at  the  top  of  the  list.     The  two 
Clerks  shall  keep  duplicate  lists.    When  a  vote  is  deposited  in 
the  ballot  box,  the  name  of  the  first  voter  shall  be  entered  on 
the  list  of  the  County  in  which  he  claims  his  residence,  and  in 
front  of  such  name  shall  be  placed  Number  One,  and  the  sec- 

;»erson  whose  vote  is  taken  as  of  that  County  shall  have 
his  name  so  entered  and  numbered  Two ;  and  so  011  the  poll 
lists  for  each  county  shall  be  kept.  In  addition  thereto  the 
name  cf  the  election  district  in  which  the  voter  claims  his  res- 
idence, and  the  name  and  number  of  the. Company  and  Regi- 
to  which  lie  belongs,  shall  be  entered  opposite  his  name. 

As  soon  as  the  ballot  of  the  voter  has  been  deposited  in 
the  ballot  box,  the  Clerks  shall  check  his  name  off  the  list  of 


1844.  Sec.  124.  Duty  of  Election  Officers  in  Receiving  and  De- 
positing1 Ballot: — The  Judge  to  whom  the  voter  shall  give  his 
ballot  shall  pronounce  the  name  of  the  voter  in  a  clear  and 
distinct  voice,  and  if  the  Clerks  shall  find  his  name  on  the  auth- 
orized list  of  registered  voters,  and  no  objection  shall  be  made 
to  his  voting,  the  Judge  shall  deposit  his  ballot  in  the  ballot 
box.  If  any  objection  is  raised  to  the  right  of  the  party  to 
vote,  the  Judge  shall  determine  the  matter  by  the  same  auth- 
ority, under  the  same  restrictions,  as  other  Judges  of  Election 
sitting  in  the  State. 


195 

1845.  Sec.  125.     Counting1  votes;  Signing  Lists,  &c: — At  the 
close  of  the  polls  the  poll  lists  of  each  County  shall  be  counted 
and  the  number  of  names  of  voters  thereon  written  in  words 
at  the  foot  of  the  lists,  and  the  lists  shall  be  signed  by  the 
Judges  and  Clerks,  under  oath  or  affirmation  declaring  them 
to  be  true  and  correct  lists  of  those  from  whom  they  have  ac- 
cepted ballots,  and  any  blank  spaces  on  such  lists  between  the 
names  of  the  -voters  and  the  election  officers  shall  be  checked 
through  in  ink. 

1846.  Sec.    126.    Ballots;     Classified;     Counted;     Certified; 
Cared 'for;  Delivered  to  Prothonotary : — After   the   poll   lists 
are  signed,  the  ballot  boxes  shall  be  opened,  the  ballots  taken 
out  one  at  a  time,  and  merely  separated  into  three  lots,  accord- 
ing to  the  County  into  which  they  are  to  be  counted.    A  count 
shall  be  kept  of  the  number  of  ballots  for  each  County  (with- 
out making  any  count  of  the  candidates  voted  for).     The  bal- 
lots when  so  separated  and  counted  shall  be  placed  in  heavy 
envelopes,  specially  prepared  for  the  purpose.       The  Judges 
shall  then  certify  under  oath  or  affirmation  as  to  the  number 
of  votes  returned  by  them  for  the  respective  Counties  of  the 
State ;  this  certificate,  together  with  the    lists    of    those    who 
voted,  as  kept  by  the  Clerks,  shall  be  placed  in  such  envel- 
opes.    The  envelopes  shall  be  marked  plainly  in  the  name  of 
the  Prothonotary  of  the  proper  County.     They  shall  be  sealed 
and  held  by  said  Judges  jointly,  until  collected  by  the  persons 
assigned  by  the  Governor  of  this  State,  as  election  messengers, 
to  go  upon  the  field  and  collect  these  returns,  which  shall  be 
deposited  by  them  in  a  lock  pouch,  which  shall  be  locked  with 
two  locks  having  different  keys,  and  one  key  shall  be  kept  in 
the  possession  of  a  representative  of  one  political  party,  and 
the  other  key  shall  be  kept  in  the  possession  of  a  representa- 
tive of  another  political  party.     These  persons,  so  designated 
by  the  Governor  to  collect  these  election  returns,  shall  have 
three  pouches;  in  one  shall  be  placed  the  returns  for  each 
County.    As  soon  as  they  have  gathered  the  election  returns. 

shall  lock  the  pouches,  and  shall  take  them  jointly  with 
the  greatest  speed  to  the  Prothonotary  of  the  County  to  which 
they  belong,  notifying  the  Prothonotary  in  advance  upon  what 
train  to  expect  the  returns  if  they  are  to  be  brought  by  train. 

1847.  Sec.  127.  Delivery  to  Board  of  Canvass: — The  Protho- 
notary of  the  County  receiving  the  returns  shall  keep  them  as 
other  election  returns  of  the  State  received  by  him,  and  shall 
deliver  them,  as  soon  as  possible,  to  be  counted  by  the  Superior 


196 

Court  of  the  County  sitting  as  a  Board  of  Canvass,  as  provided 
in  this  Chapter,  which  shall  open  the  ballots  and  count  them, 
as  other  election  returns  made  from  voting  precincts  within 
the  State. 

1848.  Sec.  128.    Appointment    of    Persons    to    Visit    Camps 
With  Ballots  &c;  Duties  of: — The  Governor  shall  at  a  suitable 
time,  in  advance  of  the  election,  designate  two  persons  who 
shall  be  members  of  different  political  parties,  whose  duties  it 
shall  be  to  visit  any  encampment  contemplated  in  this  Chapter, 
(and  where  there  is  more  than  one  such  encampment,  the  Gov- 
ernor shall  designate  two  such  persons  for  each  encampment), 
whose  duty  it  shall  be  to  take  ballots  to  such  encampments  to 
be  delivered  at  each  voting  place,  together  with  copies  of  the 
registration  lists  of  the  Counties  of  this  State,  as  made  for 
that  purpose,  and  other  forms,  blank  forms,  papers  of  informa- 
tion and  paraphernalia  necessary  to  be  had  at  a  place  of  elec- 
tion.   The  parties  so  appointed  shall,  at  the  close  of  the  polls, 
collect  under  seal  the  votes,  certificates  and  poll  lists  so  desig- 
nated above,  and  return  them  to  this  State  as  above  desig- 
nated . 

1849.  Sec.  129.     Style  of  Ballots  Used;  List  of  Nominees:— 
The  ballots  used  at  the  polls  herein  provided  for  shall  be  the 
style  of  ballot  used  in  this  State  just  prior  to  the  adoption  of 
the  Australian  ballot  system.    They  shall  be  uniform  as  to  size 
and  color  of  paper.    Printed  lists  of  all  the  officers  nominated 
by  the  different  political  parties  throughout  the   State  shall 
be  furnished  to  be  posted  at  each  polling  place  for  the  conven- 
ience of  the  voters. 

1850.  Sec.  130.    Registration  Officers  to  Keep  Separate  Lists 
of  Names  Returned  by  Auxiliary  Registrar ;  Clerk  of  the  Peace 
to  Furnish  Copies,  &c: — The  Registration  Officers  of  this  State 
shall  keep,  during  the  registration  of  voters,  separate  lists  of 
all  those  whose  names  have  been  registered  by  them  as  re- 
turned for  registering  by  the  auxiliary  Registrar,  provided 
under  the  laws  of  this  State,  for  the  registering  of  citizens  in 
the  military  or  naval  service  of  this  State,  or  of  the  United 
States.    Copies  of  such  lists  shall  be  furnished  the  Clerk  of  the 
Peace  of  the  County,  and  he  shall  have  a  composite  list  of  all 
such  names  made  and  furnished  to  the  election  officers  at  the 
polls  provided  for  in  Section  118  of  this  Chapter.  He  shall  also 
furnish  them  complete  lists  of  registrations  of  the  County,  in 
order  that  the  name  of  any  soldier  may  be  found,  who  enlisted 
since  having  registered  as  a  voter. 


197 

1851. — Sec.  131. — Election  Messenger;   Commission;   Oath: — 

The  persons  to  be  appointed  by  the  Governor  in  Section  128  of 
this  Chapter,  shall  be  commissioned  by  him  as  election  mess- 
engers, and  shall  take  their  commissions  with  them  as  evid- 
ences of  authority,  when  their  authority  is  questioned.  They 
shall  be  sworn  and  shall  qualify  as  other  election  officers. 

1852.  Sec.    132.    Violation    of    Election    Laws;    Penalty: — 

Whoever  shall,  at  the  elections  herein  provided  for,  violate 
the  election  laws  of  this  State,  by  voting  or  attempting  to  vote 
more  than  once,  by  falsifying  the  count  or  returns  in  any  man- 
ner, shall  upon  conviction  be  disfranchised  for  a  period  of  ten 
years  from  the  date  of  such  conviction. 

1853.  Sec.  133.     Compensation  of  Messenger: — The  election 
messenger,  herein  provided  for,  shall  be  paid  a  per  diem  equiv- 
alent to  that  paid  to  a  Judge  of  Election,  and  shall  be  allowed 
and  paid  by  the  State  Treasurer  such  sum  for  traveling  ex- 
penses allowed  them  and  approved  by  the  State  Auditor,  upon 
vouchers  of  necessary  expenditures  submitted  by  them. 

1854.  Sec.  134.     Double  Ballots: — When  two  or  more  ballots 
are  found  folded  or  rolled  together,  they  shall  be  adjudged 
fraudulent  and  not  returned.    The  Election  officers  shall  note, 
in  their  returns,  the  number  of  rolls    or  folds    of   ballots    so 
thrown  out  as  fraudulent,  in  order  to  account  for  any  dis- 
crepancy between  the  number  of  voters  reported  by  them  and 
the  number  of  ballots  returned  by  them. 


198 


CHAPTER  61. 

ELECTION  OF  ELECTORS  OF  PRESIDENT  AND  VICE- 
PRESIDENT. 

ARTICLE      I.     GENERAL     PROVISIONS— Sections  1  to  14. 

ARTICLE    II.     CONTESTED    ELECTION   OF  PRESIDENTIAL  ELEC- 
TORS— Sections    15  to  22. 


ELECTION  OF  ELECTORS  OF  PRESIDENT  AND  VICE- 
PRESIDENT— Article  1. 

General  Provisions. 

Sec.     1.     How   Chosen.  Sec.     8.     Mode     of     choosing     by 

General    Assembly. 
Sec.     2.     Election;        when     and 

where  held.  Sec.     9.     Member  of  General  As- 

sembly ineligible. 
Sec.     3.     Proclamation     of    num- 
ber to  be  chosen.  Sec.  10.     Certificates    of   appoint- 
ment by     General     As- 
Sec.     4.     Election,    how    conduct-  sembly;  how  made  and 
ed.                                                           delivered. 

Sec.     5.    Vote,    how     canvassed;  Sec.  11.     Electors;   meeting;   vot- 
result,    how    ascertain-  ing. 
ed  and  certified;   certi- 
ficates    how     disposed  Sec.  12.     Substitute         electors; 
of.                                                    *       how     and     when     ap- 
pointed. 

Sec.     6.     Proclamation  of  result; 

lists.  Sec.  13.     Clerk  of  electois. 

Sec.  7.  If  no  election,  General  Sec.  14.  Compensation  of  elect- 
Assembly  to  convene  ors  and  clerk;  how 
and  appoint.  paid. 


199 


ELECTION  OF  ELECTORS   OF  PRESIDENT  AND  VICE- 
PRESIDENT— Article  2. 

Contested  Election  of  Presidential  Electors. 


Sec.  15. 


Sec.  16. 


Notice   of  contest;    spe-    Sec. 
cification    of    grounds; 
illegal  votes,     how   set 
forth . 


Specification  of  objec- 
tion to  right  of  contest- 
ant. 


19.  Inquiry  restricted  to 
grounds  of  objection 
in  specifications. 


Sec.  20.  Subpoenas  for  witness- 
es; where  obtained; 
how  served  and  return- 
ed. 


Sec.  17.     Verification     of    specifi-    Sec.  21. 
cations. 

Sec.  18.     Notice,         specifications 
and        certificates        of 


Superior  Court  for  Kent 
County,  a  board  of  can- 
vass to  hear  contest; 
Governor  to  convene 


votes;   delivery  to  spe-  same. 

cial   board   of   canvass, 

by  Governor.  Sec.  22.     Duty  of  Superior  Court. 

ELECTION  OF  ELECTORS   OF   PRESIDENT   AND   VICE- 
PRESIDENT— Article  1. 

General  Provisions. 

1855.  Sec.  1.     How  Chosen*: — The  electors  to  be  appointed  in 
this  State  for  the  election  of  a  President  and  Vice-President  of 
the  United  States,  shall  be  chosen  by  ballot  by  the  citizens  of 
the  State  having  rig-lit  to  vote  for  representatives  in  the  Gen- 
eral Assembly. 

1856.  Sec.  2.    Election;  When  and  Where  Held:— For  this 
purpose  an  election  shall  be  held  on  the  Tuesday  next  after  the 
first  Monday  in  the  Month  of  November  of  the  year  in  which 
such  electors  are  to  be  chosen,  in  the  several  election  districts 
of  this  State  at  the  places  therein  respectively  at  which  the 
general  election  in  the  same  year  is  held ;  but  if  it  be  impractic- 
able to  hold  the  election  at  any  such  place,  the  inspector  shall 
appoint  some  other  place  and  give  notice  thereof  as  prescribed 
in  relation  to  the  general  election. 


200 

1867.  Sec.  3.  Proclamation  of  Number  to  be  Chosen: — The 
Governor  in  October  next  preceding  every  election  to  be  held 
pursuant  to  this  Chapter,  shall  by  proclamation  make  known 
the  number  of  the  electors  to  be  chosen  and  the  day  of  said 
election. 

1858.  Sec.  4.     Election,  How  Conducted: — The  election  shall 
be  conducted  in  the  same  manner  and  form  and  by  the  same 
persons  and  officers,  and  under  the  same  regulations  in  all  re- 
spects, as  the  general  election  for  the  same  year. 

1859.  Sec.  5.     Vote,  How  Canvassed;  Result,  How  Ascertain- 
ed and  Certified;  Certificates  How  Disposed  of : — The  vote  for 
Electors  of  President  and  Vice-President  shall  be  canvassed, 
the  result  of  such  election  ascertained  and  certified,  and  the 
certificates  of  election  of  such  electors  delivered  and  disposed 
of  as  provided  in  Chapter  Sixty,  respecting  the  general  elec- 
tion. 

1860.  Sec.  6.     Proclamation  of  Result;  Lists:— The  Governor 
shall  without  delay  examine  the  certificates  and  ascertain  the 
electors  chosen,  and  make  known  the  same  by  proclamation, 

and  cause  notice  of  his  election  to  be  transmitted  to  each  elec- 
tor. He  shall  also  cause  three  lists  of  the  name's  of  the  electors, 
duly  made  and  certified  to  be  delivered  to  the  electors,  accord- 
ing to  the  Act  of  Congress  in  that  behalf  on  or  before  the  day 
appointed  for  their  meeting. 

1861.  Sec.  7.    If  no  Election,  General  Assembly  to  Convene 
and  Appoint: — If  upon  examining  the  aforesaid  certificates  it 
shall  appear  to  the  Governor  that  there  has  been  a  failure  to 
choose  one  or  more  of  the  electors  to  be  appointed  in  this  State 
as  aforesaid,  or  if  from  any  cause  electors    shall    fail    to    be 
chosen  as  hereinbefore  prescribed,  he  shall  immediately  issue 
writs  for  convening  the  General  Assembly,  at  Dover,  on  the 
fourth  Monday  of  the  same  November ;  and  the  elector  or  elec- 
tors to  be  appointed  in  this  State  for  the  election  of  a  president 
and  vice-president  of  the  United  States  and  not  chosen  at  the 
election  held  pursuant  to  the  provisions  of  this  Chapter,  shall 
be  appointed  by  ballot  by  the  General  Assembly  so  convened 
in  joint  meeting  of  the  Senate  and  House  of  Representatives. 

1862.  Sec.  8.    Mode  of  Choosing  by  General  Assembly: — In 
/such  joint  meeting  there  shall  be  a  distinct  balloting  for  each 
elector,  and  a  majority  of  all  the  votes  given  shall  be  necessary 
to  an  appointment ;  but  if  upon  any  ballotings  two  persons  only 


201 

shall  be  voted  for,  and  each  shall  receive  an  equal  number  of 
votes,  the  President  of  the  Senate  shall  give  an  additional  cast- 
ing vote ;  if  upon  twice  balloting  in  succession  more  than  two 
persons  be  voted  for,  and  one  of  said  persons  on  each  balloting 
receive  one-half  the  number  of  all  the  votes  given,  the  President 
of  the  Senate  may,  on  the  second  balloting,  give  an  additional 
casting  vote  to  the  person  having  one-half  of  the  number  of 
all  the  votes  given,  or  if  he  decline,  the  speaker  of  the  House 
of  Representatives  may,  if  he  think  proper,  give  an  additional 
casting  vote  to  the  person  having  one-half  of  said  vote. 

1863.  Sec.  9.     Member  of  General  Assembly  Ineligible :— No 
member  of  the  General  Assembly  for  the  time  being  shall  be 
appointed  an  elector  of  President  and  Vice-President  under 
the  foregoing  section. 

1864.  Sec.  10.     Certificates  of  Appointment  by  General  As- 
sembly; How  Made  and  Delivered: — Certificates  of  such  ap- 
pointment by  the  General  Assembly  shall  be  duly  made  and 
signed  by  the  President  of  the  Senate  and  the  Speaker  of  the 
House  of  Representatives,  and  attested  by  the  clerks  of  said 
Houses  respectively,  and  shall  be  transmitted  by  the  President 
of  the  Senate  as  follows,  to  wit ;  one  to  the  Governor,  in  order 
that  lists  may  be  made,  certified  and  delivered,  according  to 
the  Act  of  Congress  in  that  behalf,  and  one  to  each  of  the 
electors  appointed. 

1865.  Sec.    11.    Electors;    Meeting;    Voting:— The    electors 
chosen  or  appointed  in  this  State  for  the  election  of  a  Presi- 
dent and  Yice-President  of  the  United  States  shall  meet  and 
give  their  votes  at  Dover  on  the  day  determined  by  Congress 
for  that  purpose. 

1866.  Sec.  12.    Substitute    Electors;    How    and    When   Ap- 
pointed:— In  case  of  the  death  or  inability  to  attend  of  either 
of  the  electors,  or  if  either  of  the  electors  be  not  present  at  the 
said  time  and  place  of  meeting  by  twelve  of  the  clock,  noon, 
of  the  said  day,  the  electors  present  shall  appoint  an  elector 
in  the  place  of  him  so  not  present. 

1867.  Sec.  13.     Clerk  of  Electors :— The  electors  may  employ 
a  clerk,  who  shall  receive  for  his  services  the  sum  of  ten  dol- 
lars. 

1868.  Sec.   14.     Compensation  of  Electors  and  Clerk;  How 
Paid: — The  electors  respectively  shall  receive  for  attendance 
and  travel  the  same  compensation  as  members  of  the  General 


202 

Assembly,  to  be  paid,  as  also  the  compensation  of  the  clerk,  by 
the  State  Treasurer,  on  a  warrant  signed  by  the  electors,  out 
of  any  money  in  the  treasury  not  otherwise  appropriated. 


ELECTION  OF  ELECTORS   OF   PRESIDENT   AND   VICE- 
PRESIDENT— Article  2. 

Contested  Election  of  Presidential  Electors. 

1869.  Sec.  15.    Notice  of  Contest;  Specification  of  Grounds; 
Illegal  Votes  How  Set  Forth: — Any  person  intending  to  con- 
test the  election  of  any  one  declared  by  the  Governor  to  have 
been  chosen  an  elector  of  President  and  Vice-President  of  the 
United  States,  shall,  within  ten  days  after  such  declaration  by 
proclamation   of  the   Governor,   give   written   notice   of   such 
intention'  to  the  person  whose  election  he  intends  to  contest 
and  also  to  the  Governor ;  and  within  five  days  after  the  deliv- 
ery of  said  notice,  shall  deliver  to  the  person  whose  election  he 
contests  and  to  the  Governor    written     specification     of    the 
grounds  upon  which  it  is  intended  to  contest  the  said  election 
of  the  person  so  declared  to  have  been  elected  as  aforesaid; 
if  one  of  the  grounds  shall  be  that  illegal  votes  were  given  at 
such  election  for  the  person  declared  to  have  been  elected,  then 
such  specification  shall  particularly  set  forth  the  name  of  each 
alleged  illegal  voter,  with  the  several  objections  to  the  legality 
of  his  vote ;  and  shall  also  distinctly  set  forth  and  state  the 
election  district  at  which  the  alleged  illegal  vote  was  cast. 

1870.  Sec.  16.     Specification  of  Objection  to  Right  of  Con- 
testant:— The  person  declared  to  have  been  elected  as  afore- 
said and  who  has  received  notice  of  contest  as  aforesaid,  shall, 
within  ten  days  after  receiving  specification  of  the  grounds  of 
contest,  deliver  to  the  person  so  contesting  his  election,  and  to 
the  Governor,  a  like  specification  of  objections  to  the  right  of 
the  contestant  to  be  declared  an  elector ;  and  in  such  specifica- 
tion may  also  state  any  other  ground  upon  which  he  rests  the 
validity  of  his  election. 

1871.  Sec.  17.     Verification  of  Specifications: — Every  speci- 
fication as  aforesaid  shall  be  verified  by  the  affidavit  of  the 
party  delivering  the  same,  stating  that  he  verily  believes  that 
the  grounds  of  objection  set  forth  are  substantially  true;  and 
that  the  voters  specified  as  illegal  voters  were  not  entitled  by 
law  to  vote  at  the  election  in  question. 


203 

1872.  Sec.  18.    Notice;  Specification  and  Certificates  of  Vot- 
ers; Delivery  to  Special  Board  of  Canvass,  by  Governor: — The 

notice  and  specification  verified  as  aforesaid,  which  shall  have 
been  delivered  to  the  Governor,  shall  be  by  him  delivered  to 
the  canvassing  board,  hereinafter  created,  together  with  the 
certificates  of  the  votes  given  for  each  person  voted  for  for 
elector  as  returned  to  him  by  the  respective  boards  of  canvass 
under  the  election  laws  of  this  State,  on  the  first  day  of  the 
assembling  of  the  canvassing  board  herein  created. 

1873.  Sec.  19.    Inquiry  Restricted  to  Grounds  of  Objection 
in  Specifications: — In  the  trial  of  the  case  of  a  contested  elec- 
tion, the  parties  shall  be  restricted  to  the  grounds  of  objections 
in  the  specifications  set  forth  and  to  the    statements    of    the 
other  grounds  upon  which  the  person  declared  to  have  been 
elected  rests  the  validity  of  his  election,  and  shall  not  examine 
into  the  illegality  of  any  other  vote    than  those  specified  as  il- 
legal, nor  impeach  such  votes  for  any  causes  other  than  those 
so  specified  as  aforesaid. 

1874.  Sec.  20.     Subpoenas  for  Witnesses;  Where  Obtained; 
How  Served  and  Eeturned: — Where  any  contestant  or  person 
who  has  been  declared  elected,  and  whose  election  is  contest- 
ed, is  desirous  of  obtaining  testimony  respecting  a  contested 
election,  he  may  apply  to  the  Prothonotary  or  the  Superior 
Court  of  the  State  of  Delaware,  in  and  for  Kent  County,  for 
a  subpoena  or  subpoenas  for  summoning  such  witnesses  as  he 
may  wish  to  appear  before  the  Board  of  Canvass  at  such  time 
as  shall  be  in  the  subpoenas  designated.     Such  subpoena  shall 
be  directed  to  the  Sheriff  of  the  county  in  which  the  witness 
or  witnesses  reside,  and  shall  be  served  in  the  same  manner 
as  subpoenas  for  witnesses  in  civil  cases  are  served.    The  Sher- 
iff to  whom  a  subpoena  may  be  directed  shall  make  return  of 
his  service  thereon  to  the  said  Board  of  Canvass  on  the  first 
day  of  its  meeting  to  hear  the  contest. 

1875.  Sec.  21.     Superior  Court  for  Kent  County,  a  Board  of 
Canvass  to  Hear  Contest;  Governor  to  Convene  Same: — The 

Superior  Court  of  the  State  of  Delaware,  in  and  for  Kent 
County,  is  created  and  declared  to  be  a  Board  of  Canvass  to 
hear  and  determine  all  contests  of  elections  of  electors  of 
President  and  Vice-President,  with  power  to  regulate  and  de- 
termine the  mode  of  procedure,  and  all  other  matters  pertain- 
ing thereto  as  may  be  necessary  in  carrying  out  the  provision 
of  this  Chapter  and  the  Act  of  Congress  fixing  the  day  of  the 


204 

meeting  of  electors;  and  it  shall  be  the  duty  of  the  Governor 
whenever  a  notice  of  contest  is  served  upon  him  immediately 
to  make  proclamation  convening  said  Superior  Court  in  spe- 
cial session  at  the  Court  House  in  Dover,  on  a  day  to  be  by 
him  named,  which  shall  not  be  later  than  the  twentieth  day  of 
December,  next  succeeding  the  day  of  the  election  in  the  year 
in  which  the  election  was  held. 

1876.  Sec.  22.  Duty  of  Superior  Court:— The  said  Superior 
Court,  after  hearing  any  contest  of  election  of  an  elector  or 
electors,  shall  make  out  and  certify  under  the  seal  of  the  Court 
the  ascertainment  of  the  vote  of  the  State  for  electors,  and  also 
certify  the  names  of  the  persons  chosen  as  electors,  and  cause 
said  ascertainment  and  certificate,  together  with  all  the  pa- 
pers and  certificates  filed  in  the  case,  to  be  delivered  to  the 
Governor  on  or  before  the  first  day  of  January  next  succeed- 
ing the  day  of  the  election  at  which  electors  were  chosen. 


203 


CHAPTER  62. 
ELECTION  OF  REPRESENTATIVES  IN  CONGRESS. 


Sec.  1.     Time  and  places  of  elec-    Sec.  7. 
tion. 


Vacancies  among  in- 
spectors; by  whom, 
how  and  when  filled. 


Sec.  2.     How  conducted. 

Sec.  3.  Certificates  <rf  state  of 
vote;  certificates  of 
election  issued  by  Gov- 
ernor; to  whom;  proc- 
lamation of  state  of 
vote. 

Sec.  4.  Vacancies;  elections  to 
fill;  when  held. 

Sec.  5.  Writs  of  election;  by 
whom  issued;  to  whom 
and  when  delivered. 

Sec.  6.  Proclamation  posted  by 
Sheriff. 


Sec.  8.  Proclamation  of  special 
election  delivered  by 
Sheriff  to  Inspectors; 
notice  by  Inspectors. 

Sec.  9.  Special  election;  how 
held,  conducted  and 
result  ascertained. 

Sec.  10.  Certificates  of  state  of 
vote;  certificate  of 
election;  proclama- 
tions . 

Sec.  11.  Governor's  discretion 
and  direction  as  to 
time. 


1877.  Sec.  1.     Time  and  Places  of  Election: — An  election  for 
choosing  a  representative  for  the  people  of  this  State  in  the 
Congress  of  the  United  States,  shall  be  held  on  the  Tuesday 
next  after  the  first  Monday  of  November,  in  the  year  in  which 
the  General  Election  is  held,  in  the  several  Counties  of  this 
State,   at  the  same  times   and  places   at  which  the   General 
Election  of  the  State  shall  for  the  time  then  being  be  held. 

1878.  Sec.  2.     How  Conducted: — Such  election  for  represen- 
tative in  Congress  shall  be  conducted  in  the  same  manner  and 
form,  by  the  same  persons  and  officers,  ard  under  the  same 
regulations  in  all  respects,  as  the  election  for  members  of  the 
General  Assembly ;  and  the  votes  given  for  representative  in 
Congress  shall  be  calculated  and  ascertained  at  the  same  time 
and  place,  in  the  same  manner  and  by  and  under  the  same 
means  and  regulations  as  those  for  members  of  the  General 
Assembly. 


206 

1879.  Sec.  3.     Certificates  of  State  of  Vote;  Certificates  of 
Election  Issued  by  Governor ;  to  Whom ;  Proclamation  of  State 
of  Vote : — Certificates  of  the  state  of  the  vote  in  the  respective 
counties  of  the  State  for  Representative  in  the  Congress  of 
the  United  States  shall  be  delivered  to  the  Governor  as  the 
law  directs.     The  Governor  shall  without  delay  examine  such 
certificates  and  declare  the  person  elected,  and  shall  issue  cer- 
tificates of  such  election  under  his  hand,  and  the  great  seal  of 
the  State ;  one  of  which  he  shall  transmit  to  the  Secretary  of 
State  of  the  United  States,  and  one  to  the  person  elected .  Said 
certificates  of  the  state  of  the  vote  shall  be  filed  in  the  office 
of  the  Secretary  of  State.     The  Governor  shall  by  proclama- 
tion make  public  the  state  of  the  vote  by  causing  the  same  to 
be  published  in  one  or  more  of  the  public  newspapers  of  this 
State. 

1880.  Sec.  4.     Vacancies;  Elections  to  Fill;  When  Held:— 

Whenever  a  vacancy  shall  happen  by  death,  resignation  or 
otherwise,  in  the  representation  from  this  State  in  the  House 
of  Representatives  of  the  United  States,  an  election  shall  be 
held  to  fill  such  vacancy  on  such  day  as  the  Governor  shall 
appoint,  in  the  several  Counties  of  this  State,  at  the  same 
places  which  at  the  time  shall  be  prescribed  by  law  for  holding 
the  general  election. 

1881.  Sec.  5.    Writs  of  Election;  by  Whom  Issued;  to  Whom 
and  When  Delivered : — The  Governor  shall  issue  writs  of  elec- 
tion to  the  Sheriffs  of  the  several  Counties,  reciting  the  vacan- 
cy, and  commanding  each  Sheriff  to  cause  an  election  to  be 
held  in  his  County  on  the  day  in  said  writ  mentioned,  at  the 
places  by  law  prescribed  for  holding  the  General  Election  in 
said  County,  for  choosing  a  representative   in  place   of  him 
whose  seat  shall  have  so  become  vacant;  which  writ  shall  be 
delivered  to  each  Sheriff  at  least  forty  days  before  the  day 
therein  appointed  for  holding  the  election. 

1882.  Sec.  6.    Proclamation  Posted  by  Sheriff:— Each  Sheriff 
.shall,  within  ten  days  after  receiving  such  writ,  put  up  on  the 
outside  of  the  Court  House  door  of  his  County,  and  also  at  one 
of  the  most  public  places  in  every  election  district  in  his  Coun- 
ty,  a  proclamation  reciting  the   said  writ  and  requiring   an 
election  to  be  held  pursuant  thereto. 

1883.  Sec.  7.     Vacancies  Among  Inspectors;  by  Whom,  How 
and  When  Filled: — In  case  the  Inspector  of  any  Election  Dis- 


207 

"be  dead,  removed,  unable  to  serve,  or  shall  refuse  to  serve,  an  \ 
Inspector  shall  be  appointed  or  supplied  to  fill  such  vacancy 
in  the  office  of  Inspector  in  the  same  manner  as  prescribed  in 
the  case  of  the  General  Election. 

Forthwith  after  the  issuance  of  such  writ  of  election  for 
filling  such  vacancy  in  the  representation  from  this  State  in 
the  House  of  Representatives  of  the  United  States,  it  shall  be 
the  duty  of  the  Governor  to  fill  such  vacancy  in  the  office  of 
pector,  if  the  same  shall  occur  outside  of  the  City  of  Wil- 
mington, and  of  the  Department  of  Elections  for  the  City  of 
.'\iingtoii  to  fill  such  vacancy,  if  the  same  occurs  within  the 
City  of  Wilmington,  in  the  same  manner  as  prescribed  in  the 
of  the  General  Election. 

1884.  Sec.  8.    Proclamation  of  Special  Election  Delivered  by 
Sheriff  to  Inspectors ;  Notice  by  Inspectors : — The  Sheriff  shall 
also,  upon  receiving  such  writ  of  election,  deliver  such  a  pro- 
clamation to  the   Inspector   of   each  Election  District   in  his 
County,  who  served  at  -the  preceding  General  Election,  or  if 
such  Inspector  of  any  such  Election  District  be  dead,  removed, 
unable  to  serve  or  shall  refuse  to  serve,  then  to  the  Inspector 
of  any  such  Election  District  who  shall  be  appointed  for  such 
Election  District  to  fill  the  vacancy  in  such  office  of  Inspector, 
as  prescribed  in  the  preceding  section. 

Every  Inspector  shall  forthwith  after  receiving  such  pro- 
clamation, give  notice  of  the  election  by  advertisements  under 
his  hand,  posted  in  at  least  five  of  the  most  public  places  of 
his  Election  District. 

1885.  Sec.  9.        Special  Election;  How  Held,  Conducted  and 
Result  Ascertained: — A  special  election  for  representative  in 
Congress  shall  be  conducted  in  the  same  manner  and  form, 
and  by  the  same  persons  and  officers,  and  under  the  same  reg- 
ulations in  all  respects  as  a  special  election  to  supply  a  vacan- 
cy in  either  house  of  the  General  Assembly;   and  the  votes 
given  in  each  County  shall  be  calculated  and  ascertained  at 
the  same  time  and  place  and  in  like  manner  and  by  the  same 
method  and  regulation  as  in  case  of  such  special  election. 

1886.  Sec.  10.     Certificates  of  State  of  Vote;  Certificate  of 
Election;  Proclamations: — Certificates  of  the  state  of  the  vote 
in  the  respective  Counties  for  Representative  in  the  Congress 
of  the  United  States  shall  be  delivered  to  the  Governor  as  the 
law  directs,  who  shall  declare  the  person  elected,  and  grant 


208 

certificates  and  issue  proclamation  as  prescribed  in  the  third 
section  of  this  Chapter. 

1887.  Sec.  11.  Governor's  Discretion  and  Direction  as  to 
Time: — It  shall  be  in  the  discretion  of  the  Governor  whether 
to  appoint  a  day  for  holding  such  elections,  before  the  day  of 
holding  the  general  election  next  after  the  happening  of  such 
vacancy;  and  if  the  day  of  holding  the  general  election  shall 
be  appointed,  then  the  election  shall  be  held  and  conducted 
and  all  the  proceedings  touching  the  same  had,  according  to 
the  provisions  of  the  first  three  sections  of  this  Chapter. 


CHAPTER  63. 
ELECTION  OF  UNITED  STATES  SENATORS. 


Sec.    1.    Time     and     places     of   Sec. 
election . 

Sec.  2.  Election;  how  conduct- 
ed; certificates  of  state 
of  vote;  certificates  of 
election  issued  by  Gov- 
ernor; to  whom;  proc- 
lamation of  state  of 
vote. 

Sec.    3.    Vacancies;    elections   to 

fill;  when  held;     writs 
of  election;     by  whom 
issued;     to  whom  and   Sec. 
when    delivered ;    proc- 
lamations     posted     by 
Sheriff ;     vacancies 
among    Inspectors;    Sec. 
how  filled;    delivery  of 


5. — Continued. 

proclamation  of  spe- 
cial election  by  Sheriff 
to  Inspectors ;  notice 
by  Inspectors;  special 
election;  how  held, 
conducted  and  result 
ascertained;  certificat- 
es of  state  of  votes; 
certificate  of  election; 
proclamation ;  Govern- 
or's discretion  and  di- 
rection as  to  time. 

4.  Vacancies ;       temporary 

appointment  by  Gov- 
ernor . 

5.  Election     of      Senators 

certified. 


1888.  Sec.  1.  Time  and  Places  of  Election: — In  the  year  of 
our  Lord  one  thousand  nine  hundred  and  twelve,  and  every 
sixth  year  thereafter,  and  in  the  year  of  our  Lord  one  thou- 
sand nine  hundred  and  sixteen,  and  every  sixth  year  there- 
after, an  election  for  choosing  a  Senator  fiom  this  State  in  the 
Senate  of  the  United  States  shall  be  held  on  the  Tuesday  next 


209 

after  the  first  Monday  of  November,  in  the  several  Counties 
of  this  State,  at  the  same  times  and  places  at  which  the  Gen- 
eral Election  of  this  State  shall  for  the  time  then  being  be  held. 

1889.  Sec.  2.    Election;  How  Conducted;  Certificates  of  State 
of  Vote;    Certificates    of   Election    Issued   by    Governor;    to 
Whom;  Proclamation  of  State  of  Vote: — Such    election    for 
Senator  from  this  State  in  the  Senate  of  the  United  States 
shall  be  conducted  and  the  votes  given  for  such  Senator  cal- 
culated and  ascertained,  certificates  of  the  state  of  the  vote  in 
the  respective  Counties  of  the  State  for  such  Senator  shall  be 
delivered  to  the  Governor  and  the  Governor  shall  issue  certi- 
ficates of  such  election  and  deliver  and  file  the  same  and  shall, 
by  proclamation,  make  public  the  state   of  the  vote,  in  the 
same  manner  and  form,  by  the  same  persons  and  officers,  and 
under  the  same  regulations  in  all  respects  as  is  provided  by  the 
next  preceding  Chapter  for  the  election  of  Representative  in 
Congress. 

The  electors  entitled  to  vote  for  Senator  from  this  State 
in  the  Senate  of  the  United  States  shall  have  the  qualifications 
requisite  for  electors  of  members  to  the  House  of  Representa- 
tives in  the  General  Assembly  of  the  State  of  Delaware. 

1890.  Sec.  3     Vacancies;  Temporary  Appointment  by  Gov- 
ernor; Term: — Whenever  a  vacancy  shall  happen   by    death, 
resignation  or  otherwise,  in  the  office  of  Senator    from    this 
State  in  the  Senate  of  the  United  States,  the  Governor  may 
make  a  temporary  or  ad  interim  appointment  from  among  the 
qualified  electors  of  this  State  of  some  person  to  fill  such  va- 
cancy until  the  same  shall  be  filled  at  the  next  ensuing  general 
election  in  the  manner  prescribed  by  law.     The  office  of  such 
temporary  appointee  shall  terminate  upon  the  election,  under 
the  provisions  of  this  Chapter,  of  a  Senator  from  this  State 
in  the  Senate  of  the  United  States  to  fill  said  vacancy. 

1891.  Sec.  4.     ***** 

1892.  Sec.  5.    Election  of  Senators  Certified: — It  shall  be  the 
duty  of  the  Governor  to  certify  the  election  or  appointment  of 
any  Senator  elected  or  appointed  as  provided  in  this  Chapter, 
under  the   Great   Seal  of  the   State,  to  the  President   of  the 
Senate  of  the  United  States.    Said  certificates  shall  be  counter- 
signed by  the  Secretary  of  State. 

The  said  certificate,  in  case  of  a  general  or  special  election, 
may  be  according  to  the  following  form,  viz: 


210 

"To  the  President  of  the  Senate  of  the  United  States:  Be 
it  known  that  at  an  election,  in  due  manner  held  according  to 
the  form  of  the  Act  of  the  General  Assembly  of  the  State  of 
Delaware  and  of  the  Act  of  Congress  in  such  case  made  and 
provided,  on  the  first  Tuesday  after  the  first  Monday  of  the 
month  of  November  19  ,  (or  at  a  special  election  in  due  man- 
ner held  according  to  the  form  of  the  Act  of  the  General  Assem- 
bly of  said  State,  for  the  purpose  of  filling  a  vacancy  in  the 
office  of  Senator  from  this  State  in  the  Senate  of  the  United 
States,  held  on  the  day  of  A.  D.  19  ) 

was  elected  to  be  a  Senator  from  the  said 
State  in  the  Senate  of  the  United  States  for  the  constitutional 
term  to  commence  on  the  fourth  day  of  March  A.  D.  19  (or 
for  the  residue  of  the  constitutional  term  which  commenced  on 
the  fourth  day  of  March  A.  D.  19  ).  Given  under  our  hands 
in  obedience  to  the  said  Act  of  the  General  Assembly  and  of 
the  said  Act  of  Congress  this  day  of 

A.  D.  19     ." 

Said  certificate,  in  the  case  of  a  temporary  appointment 
by  the  Governor  as  hereinabove  provided,  may  be  in  the  fol- 
lowing form  viz: 

"To  the  President  of  the  Senate  of  the  United  States:  Be 
it  known  that  I,  , Governor  of  the  State  of  Dela- 

ware, according  to  the  form  of  the  Act  of  the  General  Assem- 
bly of  said  State,  have  appointed  to  be  a 
Senator  from  the  said  State  in  the  Senate  of  the  United  States, 
to  serve  as  such  Senator  until  the  electors  of  the  said  State 
shall  fill  the  vacancy  caused  by  the  death  (resignation  or  oth- 
erwise) of  ,lately  Senator  from  said  State, 
in  the  Senate  of  the  United  States.  Given  under  our  hands, 
in  obedience  to  the  said  Act  of  the  General  Assembly  and  of 
the  Act  of  Congress^  the  day  and  year  aforesaid." 


211 

CHAPTER  64. 

• 

CONTESTED  ELECTIONS. 

ARTICLE     I.     CONTESTED     ELECTION    FOR    MEMBERS    OF    THE 
GENERAL      ASSEMBLY— Sections  1  to   8. 

ARTICLE  II.     OTHER      OFFICES— Sections  9  to  22. 

CONTESTED  ELECTIONS— Article  1. 
Contested  Election  for  Members  of  the  General  Assembly. 

Sec.     1.     Notice;      specifications;    Sec.     5.     Inquiry      restricted      to 
illegal  votes.  grounds  specified. 

Sec.     2.     Counter     specifications.    Sec.     6.     Costs  how  paid,  in  case 

sitting  member  unseat- 
Sec.    4.    Copies  of  notice  and  spe-  ed. 

cations. 

Sec.     7.     Costs    in   frivolous   cas- 

Sec.     4.     Copies  of  notice  of  spe-  es;  now  Paid- 

cifications;    delivery  to 

Sec.     8.     Execution      for        costs 
presiding       officer      of  againgt    contestant; 

Senate    or     House;  now  issued  and  execu- 

when.  ted. 

CONTESTED  ELECTIONS— Article  2. 

Other  Offices. 

Sec.     9.     Who    may     contest;  ond  and   third     causes 

causes.  mentioned     in     section 

9;  when  and  by  whom. 
Sec.  10.     Irregularities  not  inval- 
idating election.  Sec.  13.     Statement     of     contest- 
ant;  what    to    contain; 

Sec.  11.     Election  set     aside    for  verification;    limitation 

illegal   voting;      when.  of  evidence. 

Sec.  12.     Proceedings    upon     sec-    Sec.  14.     Duty    of     Prothonotary; 


212 


citation;     how     served    Sec.  19. 
%       and   returned. 

Sec.  15.     Proceedings     dismissed,    gec    20. 
when;  cause  how  tried. 


Sec.  16.     Costs;    how    determined 
and  awarded. 

Sec.  17.     Contests;    how   tried. 


Sec.  21. 


Sec.  18.     Powers     of  the     court; 

examination  of  ballots;    Sec.  22- 
rendition    of   judgment. 


Power  of  court  to  de- 
clare person  elected. 

Judgment  in  case  of  in- 
eligibility;  vacancy; 
how  filled;  tie  vote; 
proceedings  upon. 

Costs;  judgment  and 
execution  for. 

Security  for  costs;  con- 
testant to  give. 


CONTESTED  ELECTIONS— Article  1. 
Contested  Election  for  Members  of  the  General  Assembly. 

1893.  Sec.  1.    Notice;    Specifications;    Illegal    Votes:— Any 

person  intending  to  contest  the  election  or  the  eligibility  of 
any  one  returned  by  the  Board  of  Canvass  as  a  member  of 
either  branch  of  the  General  Assembly,  from  either  of  the 
Counties  of  this  State,  shall  at  least  twenty  days  before  the 
meeting  of  the  General  Assembly,  give  written  notice  of  such 
intention  to  the  person  whose  seat  he  intends  to  contest,  and 
within  ten  days  after  said  notice  shall  deliver  to  him  a  writ- 
ten specification  of  the  several  grounds  upon  which  it  is  in- 
tended to  contest  the  said  election  or  the  eligibility  of  the  per- 
son so  returned  as  aforesaid,  and  if  one  of  said  grounds  shall 
be  that  illegal  votes  w^ere  given  at  such  election  for  the  pur- 
son  so  returned,  then  such  specification  shall  particularly  set 
forth  the  name  of  each  alleged  illegal  voter,  with  the  several 
objections  to  the  legality  of  his  vote. 

1894.  Sec.  2.     Counter  Specifications: — The  person  returned 
as  aforesaid  shall  within  fifteen  days    after    receiving    such 
notice,  deliver  to  the  person  so  contesting  his  seat  a  like  speci- 
fication of  objections  to  the  right  of  the  contestant  to  such 
seat.. 

1895.  Sec.  3.     Verification  of  Specifications: — Every  specifi- 
cation as  aforesaid  shall  be  verified  by  affidavit  of  the  party 
delivering  the  same,  stating  that  he  verily  believes  that  the 


213 

grounds  of  objection  set  forth  are  substantially  true,  and  that 
the  voters  specified  as  illegal  voters  were  not  entitled  by  law  to 
vote  at  the  election  in  question . 

1896.  Sec.  4.     Copies  of  Notice  and  Specifications;  Delivery 
to  Presiding  Officer  of  Senate  or  House;  When: — Copies  of 

said  notice  and  specifications  verified  as  aforesaid  shall  be  de- 
livered to  the  speaker  or  president  as  the  case  may  be  of  the 
House  having  cognizance  of  the  matter ;  the  contestant  to  de- 
liver his  notice  and  specifications  with  his  petition  on  the  first 
day  of  the  session,  and  the  sitting  member  so  to  deliver  a  copy 
of  his  specifications  to  the  said  Speaker  or  President  when  he 
delivers  them  to  the  contestant . 

1897.  Sec.  5.     Inquiry  Restricted  to  Grounds  Specified: — In 

the  trial  of  the  case  of  contested  election  the  parties  shall  be 
restricted  to  the  grounds  of  objection  in  the  specifications  set 
forth,  and  shall  not  examine  into  the  illegality  of  any  votes 
other  than  those  specified  as  illegal,  nor  impeach  such  votes 
for  any  causes  other  than  those  specified  as  aforesaid. 

1898.  Sec.  6.     Costs  How  Paid,  in  Case  Sitting  Member  Un- 
seated:— If  the  house  having  cognizance  of  the  matter  shall 
determine  that  the  sitting  member  is  not  entitled  to  his  seat, 
it  may  order  that  the  costs  incurred  by  such  contested  election 
be  paid  by  the  County  from  which  such  member  shall  have 
been  returned  as  duly  elected ;  and  in  that  case  provision  for 
the  payment  of  such  costs  shall  be  made  by  the  Levy  Court  of 
the  said  County  at  its  next  session  after  the  adjournment  of 
the  General  Assembly. 

1899.  Sec.  7.     Costs  in  Frivolous  Cases ;  How  Paid : — The  said 
house  in  determining  against  the  claim  of  the  contestant  may 
also  decide  that  the  proceeding  on  his  part  is  frivolous  and 
vexatious,  and  may  order  that  he  shall  pay  all  the'  costs  of  the 
said  contested  election;  but  without  such  order  the  contestant 
shall  not  be  liable  to  costs,  and  the  same  shall  be  paid  by  the 
State  as  heretofore  in  like  cases. 

1900.  Sec.  8.    Execution  for  Costs  Against  Contestant;  How 
Issued  and  Executed : — Any  order  for  the  payment  of  costs  by 
the  contestant  shall  be  enforced  by  a  writ  issued  by  the  Speak- 
er or  President  as  the  case  may  be,  of  the  House  in  which  such 
election  was  contested,  to  the  Sheriff  of  Kent  County,  direct- 
ing him  to  levy  and  make  the  amount  thereof  of  the  goods  and 
chattels,  lands   and   tenements   of  the   said   petitioner,   under 


214 

which  writ  the  said  Sheriff  shall  sell  the  same,  or  such  part 
thereof  as  may  be  necessary  to  satisfy  said  writ,  upon  fifteen 
days'  notice  posted  as  required  in  cases  of  sale  on  execution 
process,  and  shall  pay  over  the  amount  by  him  received  upon 
said  writ  to  the  State  Treasurer,  for  the  purpose  of  reimburs- 
ing to  the  Treasury  the  sums  drawn  therefrom  to  pay  the 
costs  of  said  contested  election. 


CONTESTED  ELECTIONS— Article  2. 
Other  Offices. 

1901.  Sec.  9.     Who     May     Contest;     Causes: — Any     person 
claiming  to  be  elected  to  an  office  to  be  exercised  in  and  for 
any  county,  district  or  hundred,  may  contest  the  right  of  any 
person  declared  to  be  duly  elected  to  such  office  for  any  of  the 
following  causes,  to  wit :     1st.    For  malconduct  on  the  part  of 
the  officers  or  judges  holding  the  election,  or  any  one  of  them ; 
2nd.     When  the  person  whose  right  to  the  office  is  contested 
was  not  at  the  time  of  the  election  eligible  to  such  office ;    3rd. 
When  the  person  whose  right  is  contested  has  given  to  any 
elector  or  inspector,  judge  or  clerk  of  the  election,  any  bribe 
or  reward,  or  shall  have  offered  any  bribe  or  reward  for  the 
purpose  of  procuring  his  election;  4th.     On  account  of  illegal 
votes. 

1902.  Sec.  10.        Irregularities  not  Invalidating1  Election: — 
No  inequality  or  improper  conduct  in  the  proceedings  of  the 
officers  or  judges  aforesaid,  or  any  one  of  them,  shall  be  con- 
strued to  amount  to  such  malconduct  as  to  annul  or  set  aside 
any  election,  unless  the  inequality  or  improper  conduct  shall 
have  been  such  as  to  procure  the  person  whose  right  to  the 
office  may  be  contested  to  be  declared  duly  elected,  when  he 
has  not  received  the  highest  number  of  legal  votes  cast  at  said 
election. 

1903.  Sec.  11.    Election  Set  Aside  for  Illegal  Voting;  When: 

Nothing  in  the  fourth  ground  or  cause  of  contest  specified  in 
the  niath  section  of  this  Chapter  shall  be  so  construed  as  to 
authorize  an  election  to  be  set  aside  or  annulled  on  account  of 
illegal  votes,  unless  it  shall  appear  that  an  amount  of  illegal 
votes  has  been  given  to  the  person  whose  right  to  the  office  is 
contested  which,  if  taken  from  him,  would  reduce  the  number 


215 

of  his  legal  votes  below  the  number  of  votes  given  to  some 
other  person  for  the  same  office,  after  deducting  therefrom  the 
illegal  votes  which  may  be  shown  to  have  been  given  to  such 
other  person. 

1804.  Sec.  12.  Proceedings  Upon  Second  and  Third  Causes 
Mentioned  in  Section  9;  When  and  by  Whom: — In  cases  aris- 
ing1 under  the  second  and  third  causes  of  contest,  specified  in 
section  9  of  this  Chapter,  a  proceeding  may  be  instituted  under 
Sections  9  to  22,  inclusive,  of  this  Chapter,  against  such  person 
by  the  person  who  received  the  next  highest  number  of  votes 
tor  the  office  at  the  election  under  which  such  ineligible  person 
was  declared  elected,  notwithstanding  the  person  so  contest- 
ing the  election  does  not  claim  to  have  been  elected. 

1305.  Sec.  13.  Statement  of  Contestant;  What  to  Contain; 
Verification ;  Limitation  of  Evidence : — When  any  person  auth- 
orized to  do  so  under  this  Chapter  shall  desire  to  contest  the 
right  of  any  person  declared  duly  elected  to  such  office,  he 
shall,  within  twenty  days  after  the  result  of  the  election  shall 
have  been  officially  ascertained  by  the  Board  of  Canvass,  or 
officers  legally  authorized  to  ascertain  the  same,  and  at  least 
sixty  days  before  the  first  day  of  the  term  of  Court  at  which 
said  contest  shall  be  tried  or  called  for  trial,  file  with  the  Pro- 
thoiiotary  of  the  Superior  Court  of  this  State  in  and  for  the 
County  in  which  said  contest  is  made  a  full,  particular  and  ex- 
I/icit  statement,  setting  forth  fully  and  specifically  the  names 
of  any  and  all  officers  and  judges  upon  the  malconduct  of 
whom  he  will  rely  and  respecting  which  he  intends  to  procure 
evidence,  and  setting  forth  the  precincts  or  election  districts 
of  such  officers  and  the  particular  malconduct  of  each  respect- 
ively, the  names  and  residences  of  the  witnesses,  and  the  sub- 
stance of  their  testimony,  by  whom  he  expects  to  prove  such 
malconduct ;  and  if  such  contest  shall  be-  based  upon  the  second 
ground,  as  set  forth  in  Section  9,  such  statement  shall  specifi- 
cally, fully  and  explicitly  state  the  grounds  and  causes  of  the 
ineligibility  of  the  person  whose  right  to  the  office  is  contest- 
ed ;  and  when  such  contest  shall  be  made  for  causes  comprised 
within  the  third  item  of  said  Section  9,  the  said  statement  shall 
explicitly,  fully  and  clearly  state  the  name  of  any  elector,  in- 
spector, judge,  clerk  or  other  person  to  whom  any  bribe  or  re- 
ward shall  have  been  offered,  and  the  time,  place  and  amount 
of  such  bribe  or  reward,  and  the  name  and  residence  of  the 
witnesses  by  whom  the  contestant  expects  to  prove  the  offer- 
ing of  any  bribe  or  reward,  with  a  brief  statement  of  their 


216 

testimony.  When  the  ground  of  the  contest  shall  be  on  the 
ground  of  illegal  votes,  such  statement  shall  specifically,  fully 
and  explicitly  set  forth  the  names,  residences  and  respective 
causes  of  disqualification  of  each  person  alleged  to  have  illeg- 
ally voted,  the  polls  at  which  such  illegal  vote  has  been  re- 
.ceived,  the  names  of  the  election  officers  favoring  the  accept 
ance  of  such  vote,  whether  such  vote  was  challenged  by  the 
duly  accredited  challenger  of  the  party  of  which  the  contest- 
ant was  the  candidate,  and  whether  all  the  judges  or  inspect- 
ors present  at  such  polls  concurred  in  accepting  and  receiving 
such  vote ;  and  if  it  shall  appear  that  all  of  such  judges  or  in- 
spectors concurred  in  accepting  or  receiving  such  vote,  or  that 
the  right  of  the  voters  respectively  to  deposit  such  votes  was 
not  at  the  time  challenged  by  the  duly  accredited  challenger 
of  the  party  of  which  the  contestant  was  a  candidate,  the 
legality  or  illegality  of  such  vote  shall  not  be  brought  into 
question  in  any  such  contest;  and  the  said  statement  shall 
further  set  forth  the  names  and  residences  of  the  witnesses 
who  shall  be  produced  on  behalf  of  the  contestant  to  prove 
such  illegal  votes  and  the  substance  of  the  testimony  to  be 
given  by  each;  and  at  the  trial  of  any  contest,  cause  or  pro- 
ceedings to  be  instituted  or  continued,  or  which  has  been  in- 
stituted or  will  be  continued  under  the  provisions  of  Sections 
9  to  22,  inclusive,  of  this  Chapter,  the  contestant  or  plaintiff 
shall  be  limited  in  his  proof  and  in  the  admission  of  evidence 
to  the  witnesses  named  in  said  statement,  and  the  witnesses 
shall  be  limited  in  their  testimony  to  the  facts  set  forth  in  the 
statement  filed  and  delivered  as  aforesaid  with  respect  to 
which  it  shall  be  therein  alleged  that  they  will  be  expected  to 
testify ;  said  statement  shall  be  verified  by  the  oath  of  the  con- 
testant that  the  matters  therein  set  forth  are  so  far  as  they 
relate  to  his  own  act  and  deed  true,  and  that  what  relates  to 
the  act  and  deed  of  any  person  he  believes  to  be  true. 

1906.  Sec.  14.  Duty  of  Prothonotary ;  Citation;  How  Served 
and  Returned: — Before  such  statement  is  filed  as  aforesaid,  it 
shall  be  the  duty  of  the  said  Prothonotary  to  docket  the  said 
case  in  the  Appearance  Docket  and  immediately  issue  a  cita- 
tion for  the  person  whose  right  to  the  office  is  contested  to 
appear  on  the  first  day  of  the  second  term  of  the  said  Court 
to  make  such  defense  as  he  may  have  in  said  case,  which  cita- 
tion shall  be  delivered  to  the  Sheriff,  or,  if  he  be  a  party  to 
the  contest,  to  the  Coroner  of  the  County,  and  be  served  by 
him  upon  the  party  defendant  in  person,  or,  if  he  cannot  be 
found,  by  leaving  a  copy  thereof  at  the  house  where  he  last  re- 


217 

sided,  at  least  five  days  before  the  day  to  which  such  citation 
is  returnable.  The  original  citation  shall  be  returned  to  said 
Prothonotary  on  or  before  the  first  day  of  the  next  term  of 
said  Court  after  it  is  issued,  and  the  manner  of  service  shall 
be  endorsed  thereon  and  signed  by  the  officer  serving  the 
same. 

1907.  Sec.  15.    Proceeding    Dismissed    When;    Cause    How 
Tried: — The  Court  may  dismiss  the  proceedings  if  the  state- 
ment of  the  cause  or  causes  of  contest  do  not  conform  to  Sec- 
tion 13  of  this  Chapter,  or  for  want  of  prosecution.     If  said 
proceedings  are  not  so  dismissed,  the  case  shall  proceed  upon 
its  merits  and  be  tried  and  determined  by  the  Court,  by  the 
rules   of   law   and   evidence   governing   the   determination   of 
questions  of  law  and  facts  in  the  Courts  of  law  in  this  State, 
so  far  as  the  same  are  applicable. 

1908.  Sec.  16.     Costs;  How  Determined  and  Awarded: — The 

costs  iii  all  cases  of  contest  under  Sections  9  to  22,  inclusive, 
of  this  Chapter,  shall  be  awarded  to  the  various  parties  en- 
titled thereto,  in  the  same  manner,  and  as  near  as  may  be,  to 
the  same  amounts  as  for  like  services  in  other  cases  tried  in 
said  Court. 

1909.  Sec.  17.     Contests;  How  Tried: — All  cases  of  contest 
under   Sections   9   to   22,  inclusive   of  this   Chapter,   shall  be 
fully  heard  and  determined  by  the  Court,  without  the  aid  or 
intervention  of  a  jury,  unless  one  or  both  of  the  parties  to  the 
contest  shall  claim  a  trial  by  jury,  and  the  Court  shall,  in  their 
judgment,  determine  that  it  is  a  case  which,  under  the  Consti- 
tution and  laws  of  the  State,  the  party  or  parties  are  entitled 
to  a  trial  by  jury.     In  such  case  a  jury  shall  be  empanelled 
and  the  cause  proceed  according  to  the  rules  and  practice  of 
the  Court  in  jury  trials. 

1910.  Sec.  18.    Powers  of  the  Court;  Examination  of  Ballots; 
Rendition  of  Judgment: — In  the  trial  of  any  contested  election 
under  Sections  9  to  22,  inclusive,  of  this  Chapter,  the  Court 
shall  have  full  authority  to  make  an  examination  of  the  bal- 
lots given  in  such  election,  except  that  wherever  the  ballot 
boxes,  ballots,  poll  lists,  tally  sheet,  or  other  books  or  records, 
pertaining  to  any  election,  excepting  the  certificate  of  election 
of  the  officer  against  whom  the  contest  may  be    made,     duly 
signed  by  the  Court  constituting  the  Board  of  Canvass  and 
under  the  seal  of  said  Court,  and  delivered  according  to  law, 
shall  have  come  in  any  way,  legally  or  illegally,  into  the  pos- 


218 

session,  care  or  custody  of  any  person,  officially  or  otherwise, 
who  shall  have  been  a  candidate  and  voted  for  upon  the  same 
official  ballot  as  a  candidate  of  the  same  political  party  as  the 
contestant,  no  such  ballot  boxes,  poll-lists,  tally  sheets,  or 
other  books  or  records  pertaining  to  the  said  election,  except- 
ing the  certificate  of  election  as  aforesaid,  shall  be  offered  in 
evidence  in  any  contest  begun  or  prosecuted  under  the  provi- 
sions hereof;  and  the  Court  may  make  and  enforce  by  attach- 
ment all  necessary  orders  to  obtain  possession  of  the  same,  and 
after  hearing  the  allegations  and  proofs  in  the  cause,  shall 
render  judgment  (in  accordance  with  the  verdict  of  the  jury, 
if  a  jury  shall  have  tried  said  cause),  either  confirming  or  an- 
nulling such  election  altogether,  or  declaring  some  other  per- 
son than  the  one  whose  election  is  contested  duly  elected. 

1911.    Sec.  19.    Power  of  Court  to  Declare  Person  Elected:— 

If  it  appear  by  the  judgment  of  the  Court  or  the  verdict  of  the 
jury  (if  there  be  a  jury),  that  any  other  person  than  the  one 
whose  election  is  contested  received  the  highest  number  of 
legal  votes,  judgment  shall  be  rendered  declaring  such  person 
duly  elected. 

1012.  Sec.  20.  Judgment  in  Case  of  Ineligibility ;  Vacancy; 
How  Filled;  Tie  Vote;  Proceedings  Upon: — When  the  person 
whose  election  is  contested  is 'proved  to  be  ineligible  to  the 
office,  judgment  shall  be  rendered  declaring  the  election  void 
and  the  office  vacant,  and  such  proceedings  shall  then  be  had 
as  in  vacancies  happening  from  any  other  cause.  When  it 
shall  appear  that  two  persons  have  received  an  equal  number 
of  legal  votes  for  the  same  office,  the  provisions  of  law  in  force 
for  the  settlement  of  such  cases  shall  prevail,  if  there  be  any 
such  provision;  if  there  be  none,  then  the  said  office  shall  be 
adjudged  and  declared  vacant,  and  such  proceedings  shall 
then  be  had  as  in  vacancies  happening  from  any  other  cause. 

1913.  Sec.  21.     Costs;  Judgment  and  Execution  for: — Judg- 
ment for  costs  shall  be  rendered  in  all  cases  against  the  un- 
successful party  to  the  contest,     and     execution     may     issue 
against  him  for  the  same . 

1914.  Sec.  22.     Security  for  Costs ;  Contestant  to  Give : — Any 
person  contesting  any  election  under  the  provisions  of  Sections 
9  to  22,  inclusive,  of  this  Chapter,  shall  be  required  to  give 
security  for  costs  in  such  amount  and  manner  as  the  Court 
shall  order.     Such  security,  however,  shall  in  no  case  be  en- 
forced unless  judgment  for  costs  be  rendered  against  the  con- 
testant . 


INDEX 


A 

ALTERNATE  REGISTRARS— 

(See  Registration  of  Voters) 

ASSISTANT  REGISTRAR- 

(See  Registration  of  Voters) 

AUXILIARY  REGISTRAR- 
(See  Registration  of  Voters) 

B 

BALLOTS— 

(See  General  Elections) 

BALLOT  BOXES— 

(See  General  Elections) 

BOOTHS— 

(See  General  Elections) 

C 

CANDIDATES— 

(See  General  Elections) 

CERTIFICATES— 

(See  General  Elections) 

CHALLENGERS— 

(See  General  Elections) 

CLERKS  OF  ELECTION- 

(See  General  Elections) 


CLERKS  OF  THE  PEACE— 

Auxiliary  Registration  Lists ;  duties  as  to.    196. 

Elections ;  duties  as  to ;  penalty.  86,  87,  88,  89,  90,  91,  92, 
93,  94,  95,  96,  174. 

General  Elections ;  duties  as  to ;  penalty.  86,  87,  88,  89,  90, 
91,  92,  93,  94,  95,  96,  174. 

Oaths  or  affirmations;  power  to  administer.     10. 

Registration  books;  delivery  of  to  Department  of  Elec- 
tions for  Municipal  Elections.  61. 

Registration  books;  delivery  by  Registration  officers  to; 
when.  29 . 

Registration  books ;  delivery  to  ;  when.    29. 

Registration  books ;  failure  to  deliver  to  Department  of 
Elections ;  penalty.  66 . 

Registration  books ;  re-delivery  to  by  Department  of  Elec- 
tions. 62 . 

Registration  officers ;  duties  and  powers  as  to.    10 . 

Registration  of  voters  for  special  elections ;  duties  as  to 
registration  books.  34. 


CONTESTED  ELECTIONS— 

Members  of  the  General  Assembly. 

Costs ;  execution  for ;  how  issued  and  executed.    213. 

Costs  in  frivolous  or  vexatious  cases ;  how  paid.     213. 

Costs  when  sitting  member  unseated;  how  paid.     213. 

Counter  specifications;  by  whom;  to  whom;  when.     212. 

Execution  for  costs ;  how  issued  and  executed ;  proceeds 
how  applied.  213. 

Frivolous  or  vexatious  contests ;  costs  how  .paid.     213. 

Illegal  votes;  specifications  as  to.     212. 

Inquiry  restricted  to  grounds  specified.    213 . 

Levy  Court;  payment  of  costs  by;  when.     213. 

Notice  of ;  when ;  to  whom.    212 . 

Notices  and  specifications;  delivery  to  presiding  officer  of 
Senate  or  House  ;  when.  213 . 

Presiding  officer  of  Senate  or  House;  notices  and  specifi- 
cations delivered  to;  when.  213. 

Restriction  of  inquiry  to  grounds  specified.     213. 

Sheriff  of  Kent  County;  duties  upon  execution  for  costs 
in.  213. 

Specifications  of  grounds;  when;  to  whom.    212. 

Verification  of  specifications.     212. 


3 


Other  Offices. 


Averments  in  statement  of  contestant;  various  grounds. 

215. 

Bribery;  proceedings  upon;  when;  by  whom.     215. 
Cause,  how  tried.     217. 
Causes  of  contest.    214. 

Citation;  issuance;  when;  to  whom;  service;  return.    216. 
Costs;  how  determined  and  awarded.     217. 
Costs;  judgment  and  execution  for.     218. 
Costs;  security  for;  contestant  to  give;  when  enforced. 

218. 

Dismissal  of  proceedings ;  when.     217 . 
Docketing  of  case  ;  when.    216 . 
Election  set  aside  for  illegal  voting;  when.     214. 
Evidence  upon  ;  limitation  of.    215,  217 . 

filiation  of  ballots  ;  when.     217 . 
Illegal  voting1:  election  set  aside  for:  when.    214. 
Ineligibility :  judgment  in  case  of.     218. 
Ineligibility;  proceedings  upon;  when:  by  whom.     215. 
Irregularities  not  invalidating  election.     214. 
Judgment  in  case  of  ineligibility.     218. 
Jury  trial :  when.     : 
Limitation  of  evidence  upon.    215.  217. 
Powers  of  court.    217,  218. 

dare  persons  elected.    218. 
ii'ssed ;  when.     217. 
.Pi  !-pon    ineligibility    or    bribery;    when;    by 

bom.     215. 
Prothonotc:  :;^s  as  to.    2l5,  216. 

in  of  judgment.     217,  218. 

.•urity  for  costs ;  contestant  to  give ;  when  enforced.  218. 
of  contestant;  when  and  where  filed;  contents; 
verification.     215. 

Superior  Court :  jurisdiction  and  powers  as  to.    215  to  218. 
Tie  votes  :  proceedings  upon.     218 . 
Trial  of  cause;  rules  for.    217. 

y  declared;  how  filled.     218. 
Verification  of  contestant's  statement.    215. 
•  litest.     214. 

Presidential  Electors. 

Board  of  Canvass  for;  how  constituted;  how  convened; 
powers  and  duties  of.     203,  204. 


Canvassing  Board;  papers  and  certificates  delivered  to. 
203. 

Certificates  of  Board  of  Canvass;  making;  delivery; 
when.  204. 

Certificates  of  votes ;  delivery  to  Canvassing  Board.    203 . 

Governor;  certificate  of  Board  of  Canvass  delivered  to; 
when.  204. 

Governor ;  convening  of  Board  of  Canvass ;  when.    203 . 

Governor;  duties  as  to  notices,  specifications  and  certifi- 
cates of  votes ;  203 . 

Governor;  notice  and  specifications  delivered  to.    202. 

Grounds  of  contest;  specification  of;  delivery  of;  when; 
to  whom.  202. 

Illegal  votes;  how  set  forth.     202. 

Inquiry  restricted  to  what.     203. 

Notice  ;  delivery  to  Canvassing  Board.     203 . 

Notice  of  contest ;  when ;  to  whom.     202 . 

Objections  to  right  of  contestant;  delivery  of;  when;  to 
whom.  202 . 

Prothonotary  Kent  County;  duties  as  to  subpoenas  for 
witnesses.  203 . 

Restriction  of  inquiry  to  what.    203 . 

Sheriffs;  duties  as  to  subpoenas  for  witnesses.     203. 

Specifications; 'delivery  to  Canvassing  Board.     203. 

Specifications  of  grounds ;  delivery  of ;  when ;  to  whom . 
202. 

Specifications  of  objections  to  right  of  contestant;  deliv- 
ery of ;  when ;  to  whom .  202 . 

Subpoenas  for  witnesses ;  obtaining ;  service,  return.    203. 

Superior  Court  as  Board  of  Canvass;  when  and  how  con- 
vened; powers  and  duties  of.  203,  204. 

Verification  of  specifications.     202. 

Witnesses;  subpoenas  for;  where  obtained;  how  served 
and  returned.  203. 

D 

DEPARTMENT  OF  ELECTIONS  FOR  THE  CITY  OF  WIL- 
MINGTON— 

Alternate  Registrars;  appointment;  terms  of  office;  duties 

of.    43. 

Alternate  Registrars;  when  to  act.    43. 
Appointment  of.    39. 
Appointment  of  registration  officers ;  when ;  qualifications ; 

terms  of  office.    42,  43,  44. 


Attorney  General;  notice  to,  of  violations  of  law.    41,  182. 

Ballot  boxes  for  Wilmington  primaries;  delivery  to  pri- 
mary election  officers .  67 . 

Ballots,  envelopes,  etc.;  delivery  to;  duties  as  to.     93,  94. 

Blanks  for  rise  of  registration  officers;  supplying;  cus- 
tody. 45. 

Books  of  registered  voters;  printing;  posting;  distribu- 
tion. 21. 

Ceasing  to  be  a  voter  in  district  of  registration  officer; 
office  vacant.  43. 

Certificates  for  use  of  registration  officers ;  supplying ;  cus- 
tody. 45 . 

Certificates  of  appointment  of  registration  officers;  pur- 
port of.  44. 

Changes  in  street  names  and  numbers  regulated.    47. 

Clerk  of ;  appointment ;  compensation.    39,  41 . 

Compensation  of;  how  paid.     39. 

Compensation  of  election  officers;  how  paid.     47. 

Corrupt  or  fraudulent  conduct  or  practices  by;  penalty. 
41. 

County  primary  elections;  duties  as  to.  58,  60,  61  to  63, 
66,  67,  70. 

Department  of  Engineering  and  Surveying;  duty  to  fur- 
nish ward  maps  to.  47. 

Designations  of  election  districts  by.     41,  97. 

Designations  of  registration  officers.     42. 

Dismissal  of  Registrars;  filling  vacancies.    41,  43,  45. 

Districts ;  size  of ;  creation ;  location.    41 . 

Division  of  registration  officers  between  political  parties. 
42. 

Division  of  Wilmington  into  election  districts ;  when . 
41.  97. 

Duties  and  powers  of.  10,  15,  16,  21,  39  to  47,  57,  59,  60, 
61  to  64,  66,  67,  70,  76,  94,  97,  140,  143,  149,  182, 
185,  206. 

Election  appliances;  delivery  to  election  officers;  when. 
143. 

Election  expenses;  how  paid.     47. 

Election  officers  ;  compensation  of  how  paid .     47 . 

Election  officers  in  Wilmington;  appointment;  qualifica- 
tion; examination.  76. 

Election  officers  in  Wilmington ;  ascertainment  of  upon 
organizing  Board  of  Election  Officers.  76. 

Election  officers  in  Wilmington ;  removal  •  vacancies  how 
created;  how  filled.  76. 


Election  rooms;  duties  as  to.    45,  97,  140. 
Employment  of  clerk  and  other  assistance ;  limit  of  ex- 
pense .     41 . 
Expense  of  clerk  and    other    assistance;    limit    of;    how 

paid.     41. 

Expenses  of  registrations  and  elections ;  how  paid .     47 . 
Failure  of  Clerk  of  the  Peace  to  deliver  Voting  Books  of 

Qualified  Voters  to  ;  penalty .     66 . 
Failure  to  deliver  to  primary  election  inspectors  proper 

registration  books;  penalty.     66. 
Forms  for  use  of  registration  officers ;  supplying ;  custody. 

45. 

Governor  to  appoint;  to  fill  vacancies  in.    39. 
Ineligibility  of  registration  officers  for     elective     office ; 

when .     44 . 

Ineligibility  of  members  of  to  be  candidates.  39 . 
Inspectors  in  Wilmington ;  duties  as  to .  76,  149 . 
Instructions  for  use  of  registration  officers;  supplying; 

custody.     45. 
Jury  duty;     exemptions  of  registration     officers     from; 

when .     44 . 
Maps  for  use  of  registration  officers ;  supplying ;  custody . 

45. 

Maps  of  wards,  &c. ;  how  furnished  to.    47 . 
Military  duty;  exemption  of  registration  officers  from.  44. 
Municipal  primary  elections ;  duties  as  to.     61.  62,  63,  66, 

67,  70. 

Nomination  of  lists  for  registration  officers ;  by  whom.    42. 
Notice   of  sittings   of  registration     officers;     times     and 

places.     16,  57. 

Notice  to  Attorney  General  of  violations  of  law.    41 . 
Number  of  voters  in  districts.    41. 
Oath  blanks  for  use   of  registration  officers;   supplying; 

custody.    45 . 

Oaths  of  office  ;  when  taken ;  where  filed .     39 . 
Oaths  of  registration  officers ;  forms ;  power  to  administer. 

10,  43. 

Oaths  of  registration  officers ;  when ;  failure  to  take ;  pen- 
alty.   44. 

Office  of ;  where  ;  rental  of ;  how  paid .     40 . 
Organization;  officers  of.     39. 
Performance   of   duties   by  registration   officers ;   failure ; 

penalty.    44. 
Places  of  registration;  designation  of;  regulations  as  to. 

45. 


Political  parties;  nominations  by  and  division  between  of 

registration  officers.     42. 

Polling  places ;  designation  of ;  regulations  as  to.    45,  97 . 
President;  terms  of  office  of.    40. 
Qualifications  of.     40. 
Quorum  of.    40. 

Eecords  of  deaths  of  males ;  copies  of ;  use  of .     46 . 
Eegistrars;  appointment;  removal;  filling  vacancies.   42, 

43,44. 

Eegistrars;  dismissal  of;  filling  vacancies,  &c.   41,  43,  44. 
Eegistration  and  election  laws    for    use    of    registration 

officers;  supplying;  custody.     45. 
Eegistration  books;  delivery  by.     15. 
Eegistration  books  ;  delivery  to.    15 . 
Eegistration  books  for  municipal  primaries;  delivery  to. 

61. 
Eegistration  books  for  Wilmington  primaries ;  failure  to 

deliver  to  inspectors;  penalty.     66. 
Eegistration  books  used  in  "Wilmington  primaries;  return 

to.     62. 

Eegistration  expenses;  how  paid.     30,  47. 
Eegistration  officers;   appointment;  when;  qualifications; 

terms  of  office.     42,  43,  44. 
Eegistration  officers  becoming  candidates;  office  vacant; 

how  filled.     44. 
Eegistration  officers;  duties  as  to  and  use  of  the  records 

of  deaths.     46. 
Eegistration  officers;  failure  to  perform  duties;  penalty. 

^44. 

Eemoval  of  registration  officers;  procedure  for.  41,  43,  44. 
Eegistration  officers;  oaths  of;    when    taken;    failure    to 

take;  penalty.     44. 

Eemoval  from  district  by  registration  officers ;  office  va- 
cant.    43. 

Eemoval  of  registration  officers;  procedure  for.     44. 
Eepresentatives  in  Congress,  election  of;  filling  vacancies 

among  Inspectors.     206. 

Ee vision  of  registration  for  Municipal  Elections.     61. 
Eopes   or   chains   for   Wilmington   primaries;   furnishing 

by.     70. 

Eules  for  government  of;  making.     39. 
Salaries  of.     64. 
Sittings  of  registration  officers ;  notice  of  times  and  places 

of.     16,57. 


8 

Special  Election  for  General  Assembly;  vacancies  among 
Inspectors  filled  by;  when.  185. 

State  Treasurer;  payment  of  compensation  of.     39. 

Street  names  and  numbers ;  changes  in  regulated .     47 . 

Supplies  for  use  of  registration  officers;  furnishing;  cus- 
tody. 45. 

Terms  of  office  of.     39. 

Terms  of  office  of  registration  officers.     42,  43,  44. 

Vacancies;  how  filled.     39. 

Vacancies  in  registration  offices;  how  filled;  terms  of  of- 
fice of  appointees;  powers  and  duties.  43,  44. 

Voting  books  of  qualified  voters  for  Primary  Elections; 
custody  of.  59,  60. 

Voting  books  of  qualified  voters  for  Primary  Elections; 
furnished  by;  return  to;  comparison  and  correction 
of;  striking  names  from.  58  to  60. 

Voting  books  of  qualified  voters;  procurement  for  muni- 
cipal primary  elections;  revision  of;  delivery  to  In- 
spectors. 61,  62. 

Voting  books  of  qualified  voters  used  in  municipal  pri- 
maries ;  return  of  to  the  Clerk  of  the  Peace .  62,  63 . 

Wilful  neglect  of  duties  of;  penalty.     41. 

Wilmington ;  division  into  election  districts ;  when.   41,  97. 

DEVICE— 

• 

(See  General  Elections.) 

E 

ELECTION  OFFICERS  IN  WILMINGTON— 

(See  Inspectors  of  Election,  and  Department  of  Elections 
for  the  City  of  Wilmington.) 

ELECTIONS— 

Contested.     (See  Contested  elections. 

Department  of  Elections  for  the  City  of  Wilmington.  (See 

that  title.) 
Electors  of  President  and  Vice-President.      (see  President 

and  Vice-President,  Election  of  Electors  of.) 
General  Elections.     (See  that  title.) 
Inspectors  of  Election.     (See  that  title. ) 
Primary  Elections.     (See  that  title.) 
Registration  of  voters.     (See  that  title.) 


Representatives  in  Congress.       (See     Representatives  in 

Congress;  election  of.) 
United   States   Senators.      (See   United   States   Senators; 

Election  of.) 

ELECTION  OFFICERS- 

(See  General  Elections.) 

ENVELOPES— 

(See  General  Elections.) 

ELECTION  DISTRICTS— 

Division  of  Counties  into.    97  to  139 . 

New  Castle  County  outside  City  of  Wilmington.  97  to  116. 

Kent  County.     116  to  128. 

Sussex  County.    128  to  139. 

G 

GENERAL  ELECTIONS— 

Exercise  of  Right  of  Suffrage  by  Electors  in  Military  or 
Naval  Service. 

Appointment  of  election     messengers;     when;     qualifica- 
tions; duties.    195.  196.  197. 

Auditor  of  Accounts:  approval  of  expenses     of     election 
messengers .     197 . 

Ballots;  classification;  care  of;  delivery  to  Prothonotary. 
195. 

Ballots;  style  of.     196. 

Board  of  Canvass:  duties  as  to  election  returns.     195. 

Certification  of  votes  cast.     195. 
•Challenges;  how  and  by  whom  determined.     194. 

Clerks  of  the  Peace;  duties  as  to  auxiliary  registration 
lists.    196. 

Commissions  of  election  messengers;  by  whom;  disposal 
of.     197. 

Compensation  of  election  messengers;  how  paid.     197. 

Counting  of  votes;  certification.     195. 

Delivery  of  ballots  and  certificates  to  Prothonotary.    195. 

Double  ballots ;  rejection ;  notation  upon  returns .     197 . 

Election  messengers ;  appointment :  duties  of.  195,  196,  197 

Election  messengers;   commissions;   oaths   of;   compensa- 
tion.    197. 


10 

Election  officers;  duties  of.     193  to  195,  197. 

Election  officers;  election;  appointment.     193. 

Election  paraphernalia ;  how  brought  to  polls .     196 . 

Election  by  ballot.    194. 

Envelopes ;  marking  of ;  ballots  and  certificates  placed  in ; 
disposal  of.  195. 

Expenses  of  election  messengers ;  how  paid.    197 . 

Governor ;  appointment  of  election  messengers .     196 . 

Governor ;  commissions  of  election  messengers .     197 . 

Hours  for  voting.     193. 

Nominees;  lists  of  furnished;  posting.     196. 

Oaths  of  election  messengers.     197. 

Oaths  of  election  officers;  how  administered;  disposal  of. 
194. 

Poll  lists;  how  kept;  entries  on;  signing.     194. 

Polls  for;  where  opened.     193. 

Prothonotary ;  delivery  of  ballots  and  certificates  to.  195. 

Prothoiiotary ;  duties  as  to  election  returns.     195. 

Registration  lists ;  carried  by  messengers  to  polls.    196 . 

Registration  lists  of  Auxiliary  Registrar;  disposal  of;  use 
of.  194,  196. 

Registration  lists;  uses  of;  disposal  of.     194,  196. 

Right  of  qualified  electors  to  vote;  at  what  elections. 
193,  194. 

State  Treasurer;  payment  of  expenses  of  election  messen- 
gers. 197.  i 

Superior  Court  as  Board  of  Canvass;  duties  as  to  election 
returns .  195 . 

Violations  of  election  laws;  penalty.     197. 

Voting;  how  conducted.     194. 

GENERAL  ELECTIONS  GENERALLY— 

Absence  of  Inspectors  at  election ;  who  to  hold .     149 . 

Absence  of  Judge  or  Alternate  outside  Wilmington;  va- 
cancies how  filled.  149. 

Absence  of  voting  means  from  election  place;  how  pro- 
vided .  95 . 

Additional  ballots;  number  printed;  orders  for;  when 
made ;  deposit  for ;  delivery  to  whom ;  when.  92. 

Additional  Clerks  of  Election;  appointment;  qualification. 
150 . 

Admission  of  electors  to  election  room;  duties  thereup- 
on. 156. 

Advising,  abetting  or  procuring  offenses  against  election 
records,  etc.;  penalty.  180. 


11 

Alteration  of  deposited  ballot  or  envelope;  penalty.  182. 

Alteration  of  election  records,  etc.;  fraudulently  making; 
penalties .  179 . 

Alteration  of  elector's  ballot  fraudulently;  penalty.  180. 

Alteration  of  poll  list  for  election;  penalty.     182. 

Altering  election  reports,  returns,  certificates,  etc.;  pen- 
alty. 182. 

Alternate  Judges  outside  Wilmington;  appointment;  cer- 
tification. 149. 

Alternate  Eegistrar;  action  as  Inspector  in  his  absence  at 
election.  149. 

Anti-bribery  oaths;  evidential  use  of.     160. 

Anti-bribery  oaths  for  electors;  blanks  how  furnished. 
143,  160. 

Anti-bribery  oaths  for  electors;  when  required;  form; 
effect  of.  160. 

Assistance  to  voters;  when.     141. 

Attorney  General;  notice  to,  of  election  offenses;  duty  of 
whom  to  give .  182 . 

Attorney  General;  prosecution  of  election  offenses.     182. 

Ballot  box  and  contents;  delivery  to  Prothonotary  in  case 
of  death,  sickness,  etc.,  of  Inspectors,  etc.  164. 

Ballot  boxes  and  contents;  preservation  by  Sheriff;  how 
long;  delivery  to  his  successor;  when.  174. 

Ballot  boxes;  conformitv  to  regulations;  Sheriff's  duties. 
96. 

Ballot  boxes  containing  ballots,  etc. ;  delivery  to  Prothono- 
tary; when.  163. 

Ballot  boxes;  custody  of,  at  close  of  election.     162. 

Ballot  boxes ;  delivery  to  election  officers.     143 . 

Ballot  boxes;  description  of.     143. 

Ballot  boxes;  examination;  by  whom  kept;  key  of;  by 
whom  kept .  151 . 

Ballot  boxes  for  counted  ballots;  securing;  sealing,  etc. 
162. 

Ballot  boxes;  offenses  as  to;  penalty.     182. 

Ballot  boxes;  production  before  General  Assembly;  pro- 
cess for.  174. 

Ballots ;  certificates  of  new  nominations  for,  in  case  of 
vacancies .  87 . 

Ballots ;  certification  of  nominations  for ;  how  made.  87,  88. 

Ballots ;  certification  of  party  device  for.    87 . 

Ballots;  certification  of  party  title  for.    87. 

Ballots;  delivery  to  elector.     155. 


12 

Ballots;  delivery  to  Inspectors  or  trusty  person;  when; 

duties  as  to.     93. 

Ballots;  distribution  of,  before  election.  92. 
Ballots ;  duties  of  printer  as  to ;  penalty .  91 . 
Ballots;  form;  size;  style;  color;  arrangement  of  nominees 

upon.     91. 

Ballots ;  how  marked ;  rules  for  counting .     157 . 
Ballots  in  booths  ;  how  many .     155 . 
Ballots  in  unendorsed  envelope  ;  how;  treated .     158 . 
Ballots  left  over;  preservation;  destruction;  when.     95. 
Ballots ;  loss  or  destruction  of ;  sworn  report  of ;  resupply . 

95. 

Ballots;  marking  before  election;  casting  of.     157. 
Ballots ;  neglects  by  Clerks  of  the  Peace  as  to ;  penalty.  95. 
Ballots  not  indicating  elector's  choice;  how  treated.  158. 
Ballots ;  number  printed .     92 . 
Ballots;  offenses  as  to;  penalty.     96,  182. 
Ballots  ordered  by  County  Chairman;  by  whom  paid  for. 

92,184. 

Ballots  or  envelopes;  offenses  as  to;  penalty.     96,  182. 
Ballots;  packages  of;  disposal  of.     92,  93. 
Ballots ;  printing  of.     87,  89,  91,  92,  95,  96. 
Ballots  with  distinguishing  mark;  how  treated.     158. 
Book  of  oath  blanks  for  challenged  electors;  delivery  to 

election  officer.     143,  160. 
Books  and  documents  delivered  to  Clerk  of  the  Peace  after 

election;  where  filed;  to  be  records;  use  of  as  evi- 
dence.    174. 
Books  of  registered  voters ;  delivery  to  Clerk  of  the  Peace ; 

when ;  by  whom .     174 . 
Books  of  registered  voters;  record  of  voting  how  kept 

in.     159. 

Books  of  registered  voters ;  use  of  at  elections .     160 . 
Booths ;  construction ;  number ;  furnishing .     140 . 
Breaches  of  the  peace. interfering  with  duties  of  election 

officers  or  challengers;  penalty.     181. 
Breaking  ballot  box  unlawfully;  penalty.     182. 
Breaking  packages  of  ballots,  &c.,  before     the     election; 

penalty .     94 . 

Bribery  of  electors;  action  for;  regulation  of.     176. 
Bribery  of  electors  by  election  officers;  penalty.     154. 
Bribery  of  expectant  election  officer;  penalty.     175. 
Bribery  of  expectant  registration  officer;  penalty.     175. 
Canvassing  boards ;  wThen  convened ;  how  constituted ;  dut- 

ties  of.     163,  165  to  172. 


13 

Certificate  of  Clerk  of  the  Peace  of  ballots  destroyed.    95. 

Certificates  of  administering  election  officer's  oaths;  de- 
livery to  election  officers.  143. 

Certificates  of  administering  of  oath  of  election  officers; 
delivery  to  Clerk  of  the  Peace;  when;  by  whom.  174. 

Certificates  of  election;  delivery  to  election  officers.     143. 

Certificates  of  election :  delivery  to  Prothonotary  in  case 
of  death,  sickness,  &c.,  of  inspectors,  &c.  16^. 

Certificates  of  election;  delivery  to  Prothonotary;  when. 
163. 

Certificates  of  election;  disposal  of.     162. 

Certificates  of  election;  duties  of  Sheriffs  as  to.     143,  144. 

Certificates  of  election;  form;  filling  blanks  in.    144,  162. 

Certificates  of  election;  number  of;  signing;  envelopes 
for;  endorsement  of.  162. 

Certificates  of  nominations;  offenses  as  to;  penalty.     96. 

Certificates  of  nominations ;  when  filed ;  how  long  kept.  88. 

Certificates  of  nominees  to  Clerks  of  the  Peace ;  by  whom ; 
how  made;  acknowledgement  of.  87,  88. 

Certificates  of  qualification  of  election  officers;  form. 
147..  150. 

Certificates  of  state  of  election ;  delivery  of ;  how  made ; 
to  whom;  when.  172. 

Certificates  of  state  of  election;  form  of  for  each  office.  167. 

Certificates  of  state  of  election ;  how  made ;  enclosing  in 
sealed  envelope;  endorsements  thereon.  165. 

Certificates  of  state  of  election;  number  for  each  office.  165 

Chairman  of  political  party  or  committee ;  ballots  printed 
for ;  delivery  of  ballots  to .  92. 

Chairman  of  political  party ;  vacancies  in  candidates  filled 
by :  pasters  provided  by.  91. 

Challenged  voter ;  duty  if  vote  refused .     153 . 

Challengers ;  appointment :  protection ;  powers.     142,  153. 

Challengers ;  position  of.    142,  153 . 

Challengers;  resistance  of;  penalty.     142. 

Challenges;  how  determined.     153. 

Changes  in  polling  places;  notice  of.     140. 

Charge,  of  illegal  voting;  honest  belief  of  accused;  evi- 
,  dence  of.  182. 

Circulating  imitation  ballot  or  envelope;  penalty.     96.  ' 

Clear  space  at  polling  place  entrance ;  violation  of  regula- 
tion of ;  penalty.  153. 

Clerks  of  election;  duties  as  to  ballots  and  envelopes  dur- 
ing election.  155. 


14 

Clerks  of  election;  duties  as  to  pasters  for  vacancies  on 
ballots.  91. 

Clerks  of  election;  duties  as  to  spoiled  ballots  or  envel- 
opes. 159. 

Clerks  of  election;  faithful  discharge  of  duties  includes 
what .  150 . 

Clerks  of  election;  how  chosen;  oaths;  form  of.     150. 

Clerks  of  election;  violations  of  election  laws  by;  penalty. 
175. 

Clerks  of  the  Peace ;  duties  as  to  distribution  and  disposal 
of  ballots.  92,  93,  95. 

Clerks  of  the  Peace  ;  duties  as  to  instruction  cards .     96 . 

Clerks  of  the  Peace ;  duties  as  to  Pencils,  crayons  and 
rubber  bands.  92,  93. 

Clerks  of  the  Peace ;  duties  as  to  preparation  and  disposal 
of  envelopes.  92,  93,  95. 

Clerks  of  the  Peace ;  duties  as  to  printing  ballots.  87,  89,92. 

Clerks  of  the  Peace ;  duties  as  to  publication  of  nomina- 
tions .  89 . 

Clerks  of  the  Peace ;  duties  in  case  of  factional  claims  to 
same  party  title  or  device .  87 . 

Clerks  of  the  Peace ;  duty  in  case  of  doubt  of  legal  number 
of  voters  of  alleged  political  party.  86. 

Clerks  of  the  Peace ;  neglect  or  refusal  to  perform  duties 
as  to  ballots  or  envelopes;  penalty.  95. 

Clerks  of  the  Peace ;  nominations  filed  with ;  preservation 
by;  how  long.  88. 

Clerks  of  the  Peace;  violation  of  election  laws  by;  pen- 
alty; 175. 

Closing  election;  proclamation,  when.     161. 

Coercion  of  electors  by  bribery,  threats,  &c. ;  action  for, 
176. 

Coercion  of  electors  by  election  officers;  penalty.     154. 

Compensation  of  election  officers.     177. 

Concealing  of  ballot  box  wilfully  or  fraudulently;  pen- 
alty. 182. 

Concealing  deposited  ballot  or  envelope;  penalty.     182. 

Concealing  election  certificates,  &c.,  by  election  officers; 
penalty.  178. 

Concealing  election  reports,  returns,  certificates,  &c.;  pen- 
alty. 182. 

Concealing  poll  lists  for  election;  penalty.     182. 

Conspiracy  to  commit  offenses  as  to  certificates  of  nomin- 
ations, ballots  or  envelopes;  penalty.  96. 

Contested  elections.     212  to  218. 


15 

Controlling  electors  by  bribery,  threats,  etc.;  action  for. 
176. 

Conversation  of  electors;  regulations.     156. 

Corrupt  or  fraudulent  conduct  or  practice  by  election  of- 
ficers; penalty.     179. 

Counting  of  ballots;  method  of;  account  of;  to  be  con- 
tinuous .     162 . 

Counting  of  ballots;  rules  for.     157,  158,  162. 

County  committees;  duties  as  to  challengers.     142. 

County  committees;  duties  as  to  judges  and  alternates. 
149. 

County  committees;  duties  as  to  special  officers.     142. 

Death,  sickness,  &c.,  of  inspector,  &c. ;  ballot  box  and  cer- 
tificates how  sent  to  Prothonotary .     164. 

Defacing  deposited  ballot  or  envelope;  penalty.     182. 

Defacing  election  certificates,  &c.,    by    election    officers; 
penalty.     178. 

Defacing  election  records,  &c.,  wilfully;  penalties.     179. 

Defacing  election  reports,  returns,  certificates,  &c. ;  pen- 
alty.    182. 

Defacing  instruction  card  during  election;  penalty.  154. 

Defacing  poll  list  for  election;  penalty.     182. 

Defects  or  irregularities  in  mode  of  election,  no  defense.. 
182. 

Definition  of  election  officers.     176. 

Definition  of  political  parties.     86. 

Defrauding  elector  of  his  vote;  penalty.     180. 

Delivery  of  ballots  or  envelopes  by  printer  to  unauthor- 
ized person;  penalty.     91. 

Department  of  Elections;  delivery  to  election  officers  of 
election  appliances  ;  when .     143 . 

Department  of  Elections;  delivery  to,  of  ballots, 'envel- 
opes, pencils  and  rubber  bands.     93. 

Department  of  Elections;  duties  as  to  ballots,  envelopes, 
pencils  and  rubber  bands.     93. 

Department  of  Elections;  duties  as    to    election    rooms. 
45,  97,140. 

Department  of  Elections ;  duties  as  to  Inspectors  in  Wil- 
mington.    76,  149. 

Department  of  Elections;  duty  to  give  Attorney  General 
notice  of  election  offenses.     41,  182. 

Depositing  of  ballot;  record  of.     156,  159. 

Destroying  ballot  box  wilfully;  penalty.     182. 

Destroying  deposited  ballot  or  envelope;  penalty.     182. 


16 

Destroying  election  certificates,  &c.,  by  election  officers; 
penalty .  178 . 

Destroying  election  records,  &c.,  wilfully;  penalties.    179. 

Destroying  election  reports,  returns,  certificates,  &c.  ; 
penalty.  182.  ,  , 

Destroying  poll  list  for  election;  penalty.     182. 

Destruction  of  election  supplies  and  ...  appliances  .during 
election;  penalty.  154. 

Directions  as  to  oaths  and  certificates  thereof;  delivery  to 
election  officers.  143.  =  i, 

Disclosure  by  election  officer  as  to  ballots  voted;  penalty. 
154. 

Disobedience  to  lawful  commands  of  presiding  election 
officer;  penalty.  176. 

Distinguishing  marks  on  ballots ;  inducing  elector  to 
make;  penalty.  155. 

Distinguishing  marks  on  ballot  or  envelope ;  effect  of.  158. 

Election  bet ;  liability  of  stakeholder  for  paying .     183 . 

Election  districts  Kent  County ;  boundaries  .   97 . 

Election  districts  New  Castle  County;  boundaries.     97. 

Election  districts  Sussex  County;  boundaries.     97. 

Election  districts  Wilmington;  boundaries.     41,  97. 

Electioneering  in  polling  places  in  Wilmington ;  pen- 
alties .  177 . 

Election  expenses;  how  paid.     184..,.. 

Election  officers;  attendance  on  Superior  Court  at  can- 
vass of  vote;  duties  of.  163. 

Election  officers;  by  whom  ballot  boxes  kept.     151. 

Election  officers;  by  whom  ballot  box  key  kept.     151. 

Election  officers;  compensation  of..    177.. 

Election  officers;  corrupt  or  fraudulent  conduct  or  prac- 
tice by;  penalty.  179. 

Election  officers ;  defacing,  destroying  or  concealing  elec- 
tion certificates,  &c.,  by;  penalty.  178.. 

Election  officers;  defined.    176.,      , 

Election  officers;  disclosures  by,  as  to  ballots  voted;  pen- 
alty. 154. 

Election  officers;  duties  as  to  key  of  a,nd  examination  of 
ballot  boxes.  151. 

Election  officers;  duty  to  give  Attorney  General  notice  of 
election  offenses.  41,  182. 

Election  officers;  faithful  discharge  of  duties  includes 
what.  142. 

Election  officers;  false  certification  of  election  results  by; 
penalty .  178 . 


17 

Election  officers;  false  counting  of  votes  by;  penalty.  178. 

Election  officers;  false  election  returns  by;  penalty.  178. 

Election  officers;  inducing  to  violate  election  laws;  pen- 
alty. 155. 

Election  officers;  interferences  with  in  election  rooms; 
penalty .  152 . 

Election  officers  in  Wilmington,  provisions  concerning. 
76,  78.  (See  also  Inspectors  of  Election,  Election 
Officers  in  Wilmington.) 

Election  officers;  laws  to  be  read  to.     154,  155. 

Election  officers;  offenses  as  to  voters  and  voting;  pen- 
alties. 154. 

Election  officers;  wilful  neglect  of  duty  by;  penalty.  179. 

Election  places;  changes  in;  notice  of.  45,  97,  140,  148. 

Election  reports,  returns,  certificates,  &c. ;  offenses  as  to ; 
penalty .  1 

Election  rooms ;  duties  of  Department  of  Elections  as 
to.  45,  97,  140. 

Election  rooms;  duties  of  Inspector  as  to.     140.  148. 

Election  rooms;  entrances;  exits;  roped  passage  to. 
140,  153. 

Election  rooms;  how  provided;  location;  plan  of;  furni- 
ture; booths.  140. 

Election  rooms ;  interferences  with  election  officers  in ;  pen- 
alty. 152. 

Election  rooms;  secreting  person  in;  penalty.     153. 

Election  rooms ;  unauthorized  entry  into  during  elec- 
tion; penalty.  152,  153. 

Election  rooms;  who  excluded  from  during  election.  152. 

Election  rooms;  who  shall  be  in  during  election.     152. 

Election  supplies  and  appliances;  removal  or  destruction 
during  election;  penalty.  154. 

Electors;  actions  of,  for  bribery,  coercion,  &c. ;  provisions 
for.  176. 

Electors;  admission  to  election  room;  duties  thereupon. 
156. 

Electors ;  anti-bribery  oaths  of ;  when  required ;  form ;  ef 
feet  of.  160. 

Electors;  bribery,  coercion,  intimidation  by  bribes, 
threats,  &c.;  action  for.  176. 

Electors;  conversation  of  in  election  room  regulated.  156. 

Electors  in  military  or  naval  service ;  exercise  of  right  of 
suffrage  by.  (See  General  Elections,  Exercise  of 
Right  of  Suffrage  by  Electors  in  Military  or  Naval 
Service.) 


18 

Electors;     leaving  election    room;     duty  as  to;     arrest; 
when.     156. 

Electors ;  number  of  in  each  booth .     156 . 

Electors;  number  of  in  election  room.     156. 

Electors  of  President  and  Vice-President,     election     of. 
199,  201. 

Electors;  time  of  occupancy  of  booths  regulated.     156. 

Entries  in  election  records,  etc.;  fraudulently  making; 
penalties .  179 . 

Envelopes  containing  more  than  one  ballot;  effect  on  bal- 
lots. 158. 

Envelopes ;  delivery  to  elector .     155 . 

Envelopes;  delivered  to  Inspectors  or  trusty  person; 
when ;  duties  as  to .  93 . 

Envelopes;  duties  of  printer  as  to;  penalty.     91. 

Envelopes;  duties  of  Clerks  of  the  Peace  as  to.  92,  93, 
95. 

Envelopes;  endorsement  by  clerks.     155. 

Envelopes  for  certificates  of  election;  endorsement;  sign- 
ing. 162. 

Envelopes;  loss  or  destruction  of;  sworn  report  of;  re- 
supply  .  95 . 

Envelopes;  marking;  defacing;  mutilation;  what  shall 
constitute .  156 . 

Envelopes;  neglects  by  Clerks  of  the  Peace  as  to;  pen- 
alty. 95. 

Envelopes;  number  of;  how  ascertained.     92. 

Envelopes;  offenses  as  to;  penalty.     91,  95. 

Envelopes;  packages  of;  what  to  contain;  marking;  seal- 
ing; disposal  of.  92,  93. 

Envelopes;  preparation;  printing;  disposal  of.     91  to  95. 

Envelopes;  unused  at  close  of  polls;  disposal  of.     158. 

Envelopes;  when  not  to  be  deposited.     156. 

Envelopes  with  distinguishing  mark ;  effect  on  ballot.  158 . 

^Erasures  in  election  records,  &c. ;  fraudulently  making; 
penalty .  179 . 

^Exercise  of  right  of  suffrage  by  electors  in  military  or 
naval  service ;  clerks  of  election ;  powers  of  to  admin- 
ister oaths.  194. 

Exercise  of  right  of  suffrage  by  electors  in  military  or 
naval  service;  Judges,  power  of  to  administer  oaths. 
^        194. 

Expectant  election  officer;  bribery  of;  penalty.     175. 

Expectant  registration  officer;  bribery  of;  penalty.     175. 


19 

v  Factional  claims  to  same  party  device;  how  determined. 
87. 

Factional  claims  to  same  party  title ;  how  determined.   87. 

Faithful  discharge  of  duties  of  clerks  of  election  includes 
what.  150. 

Faithful  discharge  of  duties  of  election  officers  includes 
what .  147 . 

False  anti-bribery  oaths;  penalty.      160. 

False  certification  of  election  results  by  election  officers; 
penalty .  178 . 

False  counting  of  votes  by  election  officers ;  penalty.   178 . 

False  election  returns  by  election  officers;  penalty.     178. 

False  entries  by  poll  clerks,  &c. ;  penalty.     178. 

Falsely  making  certificate  of  nomination;  penalty.     96. 

False  personation  and  voting  on  name  of  elector  or  other 
person;  penalty.  178. 

False  swearing  under  oaths  prescribed  by  election  law; 
perjury.  180. 

Falsifying  election  records,  &c.,  wilfully;  penalties.     179. 

Feigning  disability  by  voters ;  penalties .     141 . 

Filing  false  certificate  of  nomination;  penalty.     96. 

Forging  official  endorsement  of  ballots  or  envelopes;  pen- 
alty. 96. 

Fraudulent  addition  to  ballots  found  in  ballot  box;  pen- 
alties. 179. 

Fraudulent  alteration  of  ballots  found  in  ballot  box; 
penalties.  179. 

Fraudulent  changing  of  ballots  found  in  ballot  box;  pen- 
alties. 179,  182. 

Fraudulent  defacing  of  certificate  of  nomination;  pen- 
alty. 96. 

Fraudulent  deposit  of  ballots  in  ballot  box ;  penalties.  179. 

Fraudulent  destruction  of  certificate  of  nomination;  pen- 
alty. 96. 

Fraudulent  removal  of  ballots  from  ballot  box-  penal- 
ties. 179. 

Fraudulent  substitution  of  ballots  found  in  ballot  box; 
penalties.  179. 

Fraudulent  voting;  penalty.     178. 

Furnishing  elector  with  ballot  containing  more  than  prop- 
er number  of  names  fraudulently;  penalty.  180. 

Governor;  certificates  of  election  of  State  officers;  issu- 
ing; filing.  175. 

Governor;  certification  of  tie  votes  to,  by  Superior  Court. 
172. 


20 

Governor ;  commission  to  State  officers  issued  by .     175 . 

Governor ;  examination  of  returns  for  State  officers .     175 . 

Governor ;  proclamation  of  state  of  vote  for  State  officers . 
175. 

Hindering  electors  by  bribery,  threats,  &c. ;  action  for.  176. 

Honest  belief;  accused  may  give  evidence  of  011  charge  of 
illegal  voting.     182. 

Hour  of  opening  election;  by  whom;  how.     153. 

House  of  Representatives ;  powers  to  compel  production 
of  ballot  boxes.     174. 

Inducing  election  officers  to  violate  election  laws;  penal- 
ty.    155. 

Inducing  elector  to  make  distinguishing  mark  on  ballot ; 
penalty .     155 . 

Inducing  offenses  as  to  nomination  certificates,  ballots  or 
envelopes .     96 . 

Influencing  of  electors  by  electioji  officers;  penalty.     154. 

Injuring  deposited  ballot  or  envelope;  penalty.     182. 

Injuring  election  reports,  returns,   certificates,   &c. ;  pen- 
alty.    182. 

Injuring  poll  list  for  election ;  penalty .     182 . 

Inspectors;   appointment    in    Wilmington;    qualification; 
term  of  office.     76. 

Inspectors ;  ascertainment  of  in  Wilmington,  upon  organi- 
zation of  the  Board  of  Election  Officers.     76. 

Inspectors;  delivery  to  of  ballots;  envelopes,  pencils  and 
rubber  bands;  when.     93. 

Inspectors ;  duties  as  to  ballots  and  envelopes  during  elec- 
tion.    155,  156. 

Inspectors ;   duties   as  to  ballots,   envelopes,   pencils   and 
rubber  bands  before  the  opening  of  the  election.  93. 

Inspectors ;  duties  as  to  election  rooms  and  polling  places .  • 
140,  148. 

Inspectors ;  duties  as  to  instruction  cards .     96 . 

Inspectors;  duties  as  to  notices  of  times  and  places  of 
election  and  officers  to  be  voted  for .     148 . 

Inspectors ;  election  of  outside  Wilmington ;  when  how.  75. 

Inspectors ;  election  or  appointment  of  unqualified  inspect- 
ors; office  vacant;  vacancy  how  filled.     77. 

Inspectors;  general  provisions  concerning.     (See  Inspeet- 
ors  of  Election.) 

Inspestors  in  Wilmington;  duties  of  Department  of  Elec- 
tions as  to .    76,  149 . 

Inspectors  in  Wilmington;  failure  to  appear  and  qualify; 
penalty.     76. 


21 

Inspectors  in  Wilmington;  relief  from  serving  two  suc- 
cessive terms.  78. 

Inspectors  outside  Wilmington;  judge  and  presiding  of- 
ficer at  election.  149. 

Inspectors  ;  powers  during  elections .     176 . 

Inspectors  ;  powers  of  to  administer  oaths .     150,  160 . 

Inspectors;  removal  from  office  in  Wilmington;  how  ef- 
fected. 76. 

Inspectors ;  responsibility  for  safety  and  delivery  of  ballot 
box  and  certificates.  164. 

Inspectors ;  vacancies  among  at  time  of  election ;  how 
filled.  75,  149. 

Inspectors ;  vacancies  among  in  Wilmington ;  how  filled. 
76. 

Inspectors;  vacancies  among  outside  Wilmington;  how 
filled.  75. 

Inspectors;  violations  of  duties  by;  penalty.     178. 

Inspectors;  violations  of  election  laws  by;  penalty.     175. 

Inspectors;  who  to  act  in  absence  of,  at  election.     149. 

Inspectors;  wilful  exclusion  of  vote  duly  tendered;  pen- 
alty. 178. 

Inspectors ;  wilful  omission  to  challenge  illegal  vote ;  pen- 
alty. 178. 

Inspectors;  wilful  reception  of  challenged  vote,  without 
oath,  &c.,  penalty.  178. 

Inspectors,  &c. ;  wilful  disobedience  to  lawful  commands 
of;  penalty.  181. 

Inspectors,  &c. ;  wilful  neglect  to  exercise  powers  of  dur- 
ing election;  penalty.  182. 

Instruction  cards;  contents  of.     96. 

Instruction  cards  ;  printing,  distribution ;  posting ;  form . 
96. 

Instruction  cards ;  removal  or  destruction  during  an  elec- 
tion; penalty.  154. 

Intention  of  voter;  rules  for  ascertaining .     157. 

Interferences  with  election  officers  in  election  rooms ;  pen- 
alty. 152. 

Interferences  with  election  officers;  penalty.     181. 

Intimidation  of  electors  by  bribery,  threats,  &c. ;  action 
for.  176. 

Intimidation  of  electors  by  election  officers;  penalty.  154. 

Judges  of  Election ;  powers  of  to  administer  oaths .     150 . 

Judges  of  Election;  refusal  to  serve  as;  penalty.     150. 

Judges  of  Election;  violations  of  election  laws  by;  pen- 
alty. 175. 


22 

Judges  outside  Wilmington;  appointment;  certification. 
149. 

Jury  duty;  exemption  of  Inspectors  of  Election  from. 
44,  77. 

Key  of  ballot  boxes,  by  whom  kept.     151. 

Laws  printed  on  oath  sheets.     147,  150,  154. 

Laws  to  be  read  to  election  officers.     155. 

Leaving  election  room ;  duty  of  elector  as  to ;  arrest 
when .  156 . 

List  of  officers  to  be  chosen;  delivery  to  election  officers. 
143. 

Majority  control  among  officers  conducting  election.  176. 

Marking  ballot  before  election;  casting  of.     157. 

Marking  of  ballots;  method  of.     157. 

Method  of  counting  votes;  to  be  uninterrupted.     162. 

Method  of  voting;  conduct  of  electors  and  election  of- 
ficers. 156,  159,  160. 

Military  duty;  exemption  of  Inspectors  of  Election  from. 
44,  77. 

Military  interference  with  elections.  (See  General  Elec- 
tions, Military  Interference  with  Elections.) 

Military  or  Naval  Service ;  exercise  of  right  of  suffrage  by 
electors  in.  (See  General  Elections,  Exercise  of  Right 
of  Suffrage  by  Electors  in  Military  or  Naval  Service.) 

Mutilating  election  records,  &c.,  wilfully;  penalties.    179. 

Nominations;  certificates  of;  filed  when;  how  long  kept. 
88. 

Nominations ;  how  certified  to  Clerks  of  the  Peace.    87,  88. 

Nominations;  publication  of;  regulations  of.     89. 

Nominees;  how  arranged  upon  ballots.     89. 

Notice  of  times  and  places  of  election  and  officers  to  be 
voted  for.  161 . 

Number  of  electors  in  booth.    156 . 

Number  of  electors  in  election  room.    156 . 

Number  of  voters  in  election  districts,  how  ascertained.  88. 

Number  of  voters  to  constitute  a  political  party;  how  as- 
certained in  case  of  doubt.  86. 

Oath  sheets;  laws  printed  on.    147,  154. 

Oaths  of  Clerks  of  Election;  certificates  of.    144,  150. 

Oaths  of  Clerks  of  Election;  form;  by  whom  administer- 
ed. 150. 

Oaths  of  election  officers;  by  whom  administered.    150. 

Oaths  of  election  officers;  certificates  of  qualification; 
form.  147,  150. 


23 

Oaths  of  election  officers;  delivery  to  the  Clerk  of  the 

Peace  ;  when ;  by  whom .    174 . 
Oaths  of  election  officers;  form  of.     147,  150. 
Oaths  of  election  officers ;  how  executed  and  adapted.  150. 
Oaths  or  affirmations  of  election  officers ;  delivery  to  elec- 
tion officer.     143. 

Oaths;  powers  of  Inspectors,  Judges  and  Officers  of  Elec- 
tion to  administer.     150,  160,  194,  197. 
Objections  to  voters;  how  determined.     160. 
Officers  conducting  election;  majority  control.     176. 
Officers  to  be  voted  for;  notice  of.     148. 
Official  violations  of  election  laws;  penalty.     175. 
Opening  of  election ;  when ;  by  whom ;  how .     153 . 
Opening  of  packages  of  ballots  and  envelopes  at  election ; 

by  whom.     155. 
Organized  militia;  calling  out;  when  unlawful;  penalty. 

183. 
Packages  of  ballots  and  envelopes ;  opening  of  at  election ; 

by  whom.  .  155. 
Packages  of  ballots,    &c. ;    breaking    or    taking    contents 

from,  before  the  election;  penalty.     94. 
Party  device ;  certificate  of ;  regulation  of ;  prior  right  to ; 

nature  of.     87. 

Party  device;  factional  claims  to;  how  determined.     87. 
Party  title  ;  certificate  of ;  prior  right  to .     87 . 
Party  title;  factional  claims  to;  how  determined.     87. 
Passage  at  polling  place  entrance;  regulations  of  use  of; 

penalty.     140,  153. 

Pasters  for  nominees  appointed  to  fill  vacancies  on  bal- 
lots; by  whom  and  to  whom  furnished;  number  of; 
how  used.  91. 

Pasters  for  vacancies  on  ballots ;  regulations  as  to .     91 . 
Pencils ;  delivery  to  inspectors  or  trusty  person ;  when ; 

duties  as  to .     93 . 

Pencils  or  crayons;  providing  and  disposal  of.     92,  93. 
Permitting  by  printer  the  taking  of  ballots  or  envelopes 

by  unauthorized  person;  penalty.     91. 
Persons  excluded  from  election  room  during  election.  152. 
Persons  who  shall  be  in  election  room  during  election.  152. 
Persuading  electors  as  to  their  votes  by  election  officer; 

penalty.     154. 

Plurality  elects;  exception.     183. 

Political  discussion  in  polling  places  in  Wilmington ;  pen- 
alties .     177 . 
Political  parties ;  order  of  upon  ballots .     91 . 


24 

Political  party;  definition  of.     86. 

Political  party;  number  of  voters  to  constitute;  proof  of  in 
case  of  doubt.  86. 

Poll  books;  record  of  voting;  how  kept  in.     156,  159. 

Poll  clerks,  &c. ;  false  entries  by;  penalty.     178. 

Polling  pilaces  ;  duties  of  inspectors  as  to .     140,  148 . 

Polling  places  outside  of  Wilmington.     97. 

Polling  places;  Wilmington;  how  designated.     45,  97. 

Poll  lists ;  delivery  to  Clerk  of  the  Peace  ;  when ;  by  whom. 
140. 

Poll  lists;  offenses  as  to;  penalty.     182. 

Powers  of  inspectors  or  presiding  officer  during  election. 
176. 

Practicing  fraud  upon  elector  to  deprive  him  of  his  vote ; 
penalty.  180. 

Practicing  fraud  upon  elector  to  vote  for  unintended  can- 
didate; penalty.  180. 

President  and  \7ice-President,  election  of  Electors  of. 
199  to  201. 

Presidential  Electors,  contested  election  of.     202  to  204. 

Presiding  election  officer;  disobedience  to  lawful  com- 
mands of;  penalty.  176. 

Presiding  election  officer;  powers  during  election.     176. 

Presiding  officers  of  party  conventions  or  committees ; 
certification  of  nominations  by.  87. 

Principal  political  parties ;  which  are .     86 . 

Printer  of  ballots  and  envelopes;  duties  of;  violations; 
penalty .  91 . 

Printing  ballots  or  envelopes  in  unauthorized  form;  pen- 
alty. 91. 

Printing  ballots  or  envelopes  with  misspelled  names  there- 
on ;  penalty .  91 . 

Printing  ballots  or  envelopes  with  unauthorized  names 
thereon;  penalty.  91. 

Printing  ballots  with  names  or  party  devices  arranged  in 
unauthorized  way;  penalty.  91. 

Printing  imitation  ballot  or  envelope;  penalty.     96. 

Proclamation  of  election  of  State  officers;  by  whom;  pub- 
lication. 175. 

Prosecution  of  election  offenses;  duty  of  Attorney  Gen- 
eral. 182. 

Prothonotary ;  duties  as  to  ballot  boxes  after  election.  163. 

Publication  of  nominations;  when;  how;  arrangement; 
what  excluded.  89. 

Record  of  voters;  how  kept.     156,  159. 


25 

Refusal  of  judge  of  elections  to  serve ;  penalty.    150. 

Registers ;  delivery  to  Clerk  of  the  Peace ;  when ;  by 
whom.  174. 

Registrars;  action  as  inspectors  in  their  absence  at  elec- 
tion. 149. 

Rejected  ballots;  disposal  of.     158. 

Removal  of  election  supplies  and  appliances  during  elec- 
tion ;  penalty .  154 . 

Removal  of  instruction  cards  during  an  election;  pen- 
alty. 154. 

Removing  ballot  box  wilfully  or  fraudulently;  penalty. 
182. 

Removing  election  records,  &c.,  fraudulently;  penalty. 
179. 

Repeating;  penalty.     178. 

Representative  in  Congress,  election  of.     205  to  208. 

Residence;  rules  for  ascertainment  of.     183. 

Results  of  election;  how  ascertained;  when.     163. 

Revealing  voter's  ballot  by  voter's  assistant;  penalty.  141. 

Rubber  bands;  delivery  to  inspectors  or  trusty  person; 
when;  duties  as  to.  93. 

Rubber  bands;  providing  and  disposal  of.     92. 

Sample  ballots;  posting  of;  color.     96. 

Sealing  wax;  delivery  to  election  officers.     143. 

Seals  of  envelope  packages;  how  disposed  of.     158. 

Seals  of  packages  of  ballots  and  envelopes;  preservation 
of.  155. 

Secretary  of  party  conventions  or  committees ;  certifica- 
tion of  nominations  by.  87. 

Secreting  ballot  box  wilfully  or  fraudulently;  penalty. 
182. 

Secreting  election  records  etc..  fraudulently;  penalties. 
179. 

Secreting  person  in  election  room;  penalty.     153. 

Senate;  powers  to  compel  production  of  ballot  boxes.  174. 

Sheriffs ;  delivery  to  Inspectors,  &c.,  of  election  appli- 
ances; when.  143. 

Sheriffs;  duties  as  to  ballot  boxes  after  election.     174. 

Sheriffs;  duties  as  to  certificates  of  election.     143,  144. 

Sheriffs;  duties  as  to  certificates  of  qualification  of  elec- 
tion officers.  143,  147. 

Sheriffs ;  duty  as  to  conformity  of  ballot  boxes,  tally  lists, 
&c.,  to  regulations.  96. 

Special  Election  for  General  Assembly.  (See  General 
Elections,  Special  Election  for  General  Assembly.) 


26 

Special  officers;  resistance  of;  penalty.    142. 
Special  officers;  selection;  duties;  powers.     142. 
Spoiled  ballots;  replacing;  record  of;  destruction  of.  159. 
Spoiled  envelopes;  replacing;  record  of;  destruction  of. 

159. 

Stake  holder ;  liability  for  paying  election  bet .     183 . 
State  of  election;  how  ascertained;  when.     163. 
State  officers;  proclamation  of  election  of;  commissions 

of.     175. 

Stealing  ballot  box;  penalty.     182. 
Stealing  election  records,  &c. ;  penalties .     179 . 
Subornation  of  false  swearing  under  oaths  prescribed  by 

election  laws ;  penalty.     180. 

Substitution  of  elector's  ballot  fraudulently;  penalty.  180. 
Superior  Court  as  boards  of  canvass;  process  of;  powers 

of.     163,  165  to  172. 
Superior  Court  as  boards  of  canvass ;  when  convened ;  how 

constituted;  duties  of.     163,  165  to  172. 
Suppressing  duly  filed  certificate  of  nomination;  penalty. 

95. 
Taking  ballots,  &c.,  from  packages  before  the  election; 

penalty .     94 . 

Tally  lists,  &c. ;  conforming  to  regulations;  sheriff's  dut- 
ies .     96 . 

Tally  lists;  delivery  to  election  officers.     143. 
Tally  lists;  facts  certified  on.     154. 
Tally  lists;  form  of.     144. 
Tally  lists;  signatures  to;  disposal  of.     162. 
Tally  lists ;  use  of  upon  counting  votes .     162 . 
Tampering  with  elector's  ballot;  penalty.     180. 
Tape;  delivery  to  election  officers,  &c.     143,  162. 
Threatening  electors;  actions  for;  regulation  of.     176. 
Tie  votes;  certificate  of;  delivery  to  Governor.     172. 
Time  and  place  of  election;  notice  of.     148. 
Time  of  occupancy  of  booth  by  elector ;  regulations.    156 . 
Trusty  persons;     compensation     for  delivery  of  ballots, 

&c.     96. 
Trusty  persons;  delivery  to,  of  ballots,  envelopes,  pencils 

and  rubber  bands;  when.     93. 
Trusty  persons ;  violations  of  election  laws  by ;  penalty . 

175. 
Unauthoried   entry   into   election   room   during   election; 

penalty.     152. 

United  States  Senators,  election  of.     208  to  209. 
Unlawful  act  to  secure  opportunity  to  vote;  penalty.  178. 


27 

Vacancies  among  nominees  after  ballots  printed;  how 
filled.  91. 

Vacancies  among  nominees ;  certificates  of  new  nominees . 
87. 

Voters;  assistance  of;  when.     141. 

Voters'  assistance;  disclosure  as  to  voter's  ballot;  pen- 
alty. 141. 

Voters  feigning  disability;  penalty.     141. 

Voting  in  district  without  right;  penalty.     178. 

Voting  in  more  than  one  district;  penalty.  178. 

Voting;  method  of;  duties  of  electors  and  election  officers 
upon.  156,  159,  160. 

Voting  more  than  a  single  ballot;  penalty.     178. 

Voting  on  false,  assumed  or  fictitious  name;  penalty.  178. 

Voting  on  name  of  another;  penalty.     178. 

Voting ;  record  of ;  how  kept .     156,  159 . 

Wilful  disobedience  to  lawful  command  of  inspectors,  &c. ; 
penalty.  181. 

Wilful  exclusion  by  Inspector  of  vote  duly  tendered ;  pen- 
alty. 178. 

Wilful  neglect  of  duty  by  election  officers;  penalty.     179. 

Wilful  neglect  or  refusal  of  inspector,  &c.,  to  exercise  po- 
wers of,  during  election;  penalty.  182. 

Wilful  omission  by  inspector  to  challenge  illegal  vote: 
penalty.  178. 

Wilful  reception  by  inspector  of  challenged  vote  without 
oath,  &c.  178. 

Wilmington  Officers  of  Election.  (See  Inspectors  of  Elec- 
tion.) 

Military  Interference  With  Elections. 

Adjournment  of  Board  of  Canvass;  when.     191. 

Aiding;  abetting;  procuring;  advising;  counseling;  assist- 
ing; penalty.  182. 

Ascertainment  of  results  at  special  polls.     190. 

Board  of  Canvass ;  duties  as  to  returns  from  special  polls . 
191. 

Bringing  armed  soldiers  into  State  for;  penalty.     187. 

Causing  attendance  of  armed  soldiers  at  or  near  voting 
places;  penalty.  187. 

Certificate  of  voting  at  special  polls ;  affidavit  of  inspector 
thereon.  190. 

Challenges  of  votes  at  special  polls;  determination  of  by 
Board  of  Canvass.  191. 


28 

Citizens ;  duty  of  to  make  disclosures ;  penalty .     189 . 
Civil  remedy  of  elector  for  interference  with  rights  as.  188. 
Clerks  at  special  polls;  appointment;  oath  of.     192. 
Compensation  of  special  inspectors  and  clerks.     192. 
Disclosures  of  knowledge  by  citizens;  how  made;  penalty 

for  neglect.     189. 

Election  officers,  administration  to  electors  of  unauthoriz- 
ed oaths;  penalty.     188. 
Electors ;  administering  unauthorized  oaths  to,  by  election 

officers ;  penalty .     188 . 

Electors;  civil  remedy  for  interference  with  rights  of.  188. 
Electors;  voting  at  special  polling  place;  oaths  of.  189. 
Inspectors  and  clerks  at  special  polls ;  compensation  of . 

192. 
Inspectors  at  special  polling  place;    how  chosen;     duties 

of.     189,  190. 
Inspectors  of  special  polls ;  duty     to  attend     canvass  of 

votes;  penalty  for  neglect.     191. 
Interference  with  board  of  canvass;  duty  of  thereupon. 

191. 

Interference  with  rights  of  electors;  civil  remedy.  188. 
Interference  with  voting  at  regular  place;  ballots  cast 

how  and  where.     189. 

Limitation  of  actions  under  sections.     188,  189. 
Number  of  special  polling  places;  how  regulated.     192. 
Returns  of  results  at  special  polls;  how  made;  to  whom; 

when.     190. 
Returns  of  voting  at  special  polls;     duties     of     Superior 

Court  as  board  of  canvass  as  to.     191. 
Special  polling  places;  number  of.     192. 
Special  polling  places  upon;  ballots  how  cast  at.     189. 
Special  polls;  adjournment  to  another  place;  when.     190. 
Special  polls ;  certificate  of  voting  at ;  affidavit  upon ;  pur- 
port of .     190. 

Special  polls;  clerks  at;  appointment;  oath  of.     192. 
Superior  Court  as  Board  of  Canvass;  duties  as  to  returns 

from  special  polls.     191. 
Unauthorized  oaths  to  electors ;  administering  by  election 

officers;  penalty.     188. 

Special  Election  for  General  Assembly. 

Appointment  of  day  for;  regulation  of.     185. 
Board  of  Canvass;  how  constituted;  duties  how  perform- 
ed.    187. 


29 

Day  for ;  rules  for  fixing .     185 . 

Department  of  Elections ;  to  fill  vacancies  among  Inspect- 
ors; when.  185. 

Election  officers  for;  vacancies  among,  how  filled.     186. 

Election  officers  for;  who  shall  be.     186. 

General  Election  laws  applicable  thereto.     186. 

Governor;  to  fill  vacancies  among  Inspectors;  when.  185. 

Governor  to  issue  writs  of  election,  when.     184. 

Inspectors;  notice  to;  notice  given  by;  how;  when.     186. 

Inspectors ;  vacancies  among  by  whom  and  how  filled.  185. 

Proclamation  of ;  posting ;  when ;  where .     185 . 

Publication  of  nominations;  not  required.     186. 

Sheriffs ;  duties  as  to  proclamation  and  fixing  day  for.  185. 

Sheriffs;  notice  of  given  to  inspectors.     186. 

Sheriffs ;  writ  of  election  issued  to .     184 . 

Special  registration  of  voters  for;  in  what  cases.     185. 

Superior  Court  as  Board  of  Canvass ;  when  convened ;  dut- 
ies of.  187. 

Term  of  office  of  person  elected.     184. 

Vacancies  among  election  officers  for;  how  filled.     186. 

Vacancies  among  inspectors;  how  filled.     185. 

Vacancy,  General  Assembly  in  Session;  writs  of  election 
by  whom  issued.  184. 

Vacancy.  General  Assembly  not  in  session;  writs  of  elec- 
tion by  whom  issued.  184. 

Vacancy  in  House  after  adjournment;  when  writ  issued. 
184. 

Vacancy  in  Senate  after  adjournment;  when  election  held. 
185. 

Writs  of  election;  by  whom  issued.     184. 

GOVERNOR— 

Duties  of  subsequent  to  General  Elections.  172,  175,  200. 
Election  Messengers ;  Appointment ;  Commission.  196,  197. 
General  Assembly;  Writs  of  Election  to  fill  vacancies  in. 

184,  185. 

General  Elections;  duties  of  subsequent  to.  172,  175,  200. 
Inspectors  of  Election  outside  of  Wilmington;  filling  va- 

~  cancies  ;  when.     75,  1S5,  206,  209. 
Presidential  Electors ;  convening  of  General  Assembly  for 

choice  of;  when.     200. 
Presidential  Electors;  duties  as  to.     200. 
Presidential  Electors;  duties  upon;  contested  election  of. 

202,  203. 


30 

Registration  Books ;  preparations ;  delivery .     13  to  16 . 

Registration  officers  outside  of  Wilmington ;  appointment ; 
filling  vacancies.  10. 

Representative  in  Congress;  duties  upon  election  and  spe- 
cial election  of.  206,  207,  208. 

United  States  Senators ;  duties  upon  election  and  special 
elections  of.  209. 

United  States  Senators ;  temporary  appointment  and  cer- 
tification therefor.  209. 


INSPECTORS  OF  ELECTION— 
Election  Officers  in  Wilmington. 

Appointment ;  from  lists  of  City  Executive  Committees.  76. 

Certificate  of  appointment;  when  given;  contents  of.     76. 

Chairman  of  board  of;  how  selected.     76. 

Department  of  Elections ;  duties  as  to .     76 . 

Examination  of;  appearance  for;  when.     76. 

Inspectors  and  Judges;  how  ascertained.     76. 

Organization  of;  when.     76. 

Powers  and  duties  of  in  general.     (See  General  Elections.) 

Removal  of;  how  effected.     76. 

Successive  terms  of;  regulations  as  to.     78. 

Terms  of  office  of.     76. 

Vacancies ;  how  created ;  how  filled .     76 . 

Inspectors  of  Election  Generally. 

Absence  of  at  General  Election;  who  to  act.     149. 
Appointment  in  Wilmington ;  qualification ;  term  of  office . 

76. 
Ascertainment  of  in  Wilmington  upon  organization  of  the 

board  of  election  officers.     76. 
Ballots,  envelopes,  pencils  and  rubber  bands;  delivery  to; 

when.     93. 
Death,  sickness,  &c.,  of ;  ballot  box  and  certificates ;  how 

sent  to  Prothonotary .     164. 
Department  of  Elections ;  duties  as    to  in    Wilmington . 

76,  149. 

Duties  as  to  ballots  and  envelopes  during  election.  155,156. 
Duties  as  to  ballots,  envelopes,  pencils  and  rubber  bands 

before  the  opening  of  the  election.     93. 
Election  of  outside  of  Wilmington;  when;  how.     75. 


31 

Election  rooms ;  duties  as  to .     140,  148 . 

Envelopes  ;  delivery  to ;.  when ;  duties  as  to .     93 . 

Failure  to  appear  and  qualify  in  Wilmington ;  penalty.   76. 

Instruction  cards;  duties  as  to.     96. 

Judge  and  Presiding  Officer  at  Election  outside  of  Wil- 
mington. 149. 

Jury  duty;  exemption  from;  when.     77. 

Military  duty;  exemption  from.     77. 

Notices  of  times  and  places  of  election  and  officers  to  be 
voted  for;  duties  as  to.  148. 

Oaths;  power  of  inspectors  to  administer.     150,  151,  160. 

Polling  places;  duties  as  to.     140,  148. 

Powers  during  elections.     176. 

Registration  Books;  delivery  of  to;  when.     29. 

Removal  from  office  in  Wilmington;  how  effected.     76. 

Representatives  in  Congress;  election  of;  filling  vacancies 
among  Inspectors.  206. 

Representatives  in  Congress,  election  of;  notice  given  by, 
of  special  election.  207. 

Representatives  in  Congress,  election  of;  proclamation  of 
special  election  delivered  to.  207. 

Responsibility  for  safety  and  delivery  of  ballot  box  and 
certificates.  164. 

'Special  elections;  registration  books  delivered  to.     34. 

Two  successive  terms;  relief  from  serving  in  Wilmington. 
78. 

United  States  Senators,  election  of;  notice  of  special  elec- 
tion given  by.  209. 

United  States  Senators,  election  of;  proclamation  of  spe- 
cial election  delivered  to.  209. 

United  States  Senators;  election  of;  vacancies  among; 
how  filled.  209. 

Unqualified  inspector  elected  or  appointed;  office  vacant; 
vacancy  how  filled.  77. 

Vacancies  among  in  Wilmington;  how  filled.     76. 

Vacancies  among  outside  Wilmington;  how  filled.     75. 

Vacancies  at  time  of  election;  how  filled.     75,  149. 

Violations  of  duty  by;  penalty.     178. 

Violations  of  election  laws  by;  penalty.     175. 

Wilful  disobedience  to  lawful  commands  of;  penalty.  181. 

Wilful  exclusion  of  vote  duly  tendered ;  penalty .     178 . 

Wilful  neglect  to  exercise  powers  of  during  election ;  pen- 
alty. 182. 

Wilful  omission  by  Inspector  to  challenge  illegal  vote ; 
penalty.  178. 


32 

Wilful  reception  by  inspectors  of  challenged  vote ;  without 
oath,  &c.;  penalty.     178. 

INSTRUCTION  CARDS— 

(See  General  Elections.) 

'  N 

NOMINATIONS— 

(See  General  Elections.) 

P 

PARTIES— 

(See  General  Elections.) 

PENALTIES— 

(See  General  Elections.) 

PRESIDENT     AND     VICE-PRESIDENT,     ELECTION     OF 
ELECTORS  OF— 

Canvass  of  results  of.     200. 

Certificates  by  Governor  of  results;  disposal  of.     200. 

Certificates   of  appointment  by   General  Assembly;   how 

made;  disposal  of.     201. 
Certificates  of  results;  disposal  of.     200. 
Choice  of,  by  General  Assembly;  balloting  how  conduct- 
ed.    200. 

Clerk  of  Electors;  employment;  compensation.     201. 
Compensation  of  Electors  and  clerk;  how  paid.     201. 
Conduct  of  election.     200. 
Election;  where  and  when  held.     200. 
Failure  to  elect;  procedure  upon.     200,  201. 
General  Assembly;  appointment  of,  when  failure  to  elect. 

200. 
General  Assembly;  certificates  of  appointment  by;  how 

made;  disposal  of.     201. 
General  Assembly;  convening  of,  upon  failure  to  elect. 

200. 
Governor;   ascertainment,   proclamation   and   certification 

of  results.     200. 
Governor;  certificate  of  choice  of,  by  General  Assembly, 

delivered  to .     201 . 


33 

Governor;  duties  of  when  no  election.     200. 

Governor;  proclamation  of.     200. 

Meeting  of;  where;  when.     201. 

Member  of  General  Assembly  ineligible .     201 . 

Mode  of  choosing  by  General  Assembly.     200. 

Notice  to  Presidential  electors  of  election.     200. 

Presidential  electors;  how  chosen.     199. 

Proclamation  of  number  to  be  chosen,  &c.     200. 

Proclamation  of  result.     200. 

State  Treasurer;  payment  of  electors  and  clerks.     201. 

Substitute  electors;  how  and  when  appointed.     201. 

Voting  by;  where;  when.     201. 

PRIMARY  ELECTIONS— 
Political  Party  Organization. 

Appointment  of  inspectors  and  judges  for  primary  elec- 
tions. 54. 

Ballots  printed  by.     73. 

Blanks  and  stationery  furnished  by.     68. 

Candidates;  notice  by  to  committee  of.     73. 

Canvassing  Board  ;  how  constituted ;  duties  as .     73 . 

Canvassing  Board ;  oaths  of ;  unfaithfulness  or  dishonesty ; 
penalty.  73. 

Certificate,  tally  sheet  and  poll  list  delivered  to;  when.  68. 

Delegates  to  conventions ;  expenses  of  primaries  for ;  how 
paid .  74 . 

Districts  designated  by  titles  and  distinctions  by.     66. 

Districts  determined  by;  when.     66. 

Inspectors  and  judges  of  primary  elections  for  in  Wil- 
mington; appointment.  54. 

Inspectors  of  primary  elections  for  outside  Wilming- 
ton. 54. 

Judges  of  Primary  elections  for  outside  Wilmington;  ap- 
pointment .  54 . 

Nominees;  vacancies  among  how  filled.     72. 

Notice  given  by  to  custodian  of  registration  books,  of 
holding  primary  election.  62. 

Notice  of  proposed  candidacy  given  to;  when.     73. 

Oaths  of  primary  election  officers  delivered  to  chairman 
of.  57. 

Oaths ;  powers  of  qualifiers  of  primary  election  officers  to 
administer.  57. 

Other  ballot  box;  directions  as  to  disposal  of.     68. 

Place  of  holding  designated  and  secured  by.     66. 


34 

Printed  instructions  to  primary  election  officers  furnished 
by.  68. 

Printing  of  ballots  by .     73 . 

Qualifications  of  primary  electors  prescribed  by.     62. 

Qualifiers  of  primary  election  officers ;  appointment ;  when. 
57. 

Removal  of  election  officers  by ;  when .     72 . 

Results  of  canvass;  announcement;  certificates  and  dis- 
posal of.  68. 

Substitutes  for  removed  election  officers  appointed  by.  72. 

Time  of  holding  primary  elections  by  a  political  party.  53. 

Two  political  parties;  when  primaries  held.     53. 

Vacancies  among  inspectors;  filled  by.     54. 

Vacancies  among  nominees ;  how  filled .     72 . 

Voting  at  primary  election  of  more  than  one  party;  pen- 
alty. 64. 

Watchers ;  removal  of .     70 . 

Primary  Elections  Generally. 

Account  of  ballots  as  read.     68. 

Advising,  procuring,  permitting  or  abetting  offenses  as 
to  books  and  papers  of.  60. 

Aiding  or  advising  primary  election  officer  to  do  forbidden 
act ;  penalty .  64 . 

Announcement  of  result  of  canvass.     68. 

Announcement  of  votes  cast ;  when ;  by  whom .     68,  69 . 

Appointment  of  election  officers ;  how  long  prior  to  elec- 
tion. 54  to  56. 

Ballot  boxes ;  how  furnished ;  description  of ;  other  box.  67. 

Ballot  boxes;  how  placed;  locked;  unlocking.     67. 

Ballots;  disposal  of  after  counting.     68. 

Ballots ;  printing ;  form ;  how  voted .     73 . 

Blanks  and  stationery  for ;  how  furnished .     68 . 

Boards  of  election  officers ;  appointment ;  elected  when ; 
how .  54 . 

Boards  of  election  officers ;  how  constituted ;  elections  held 
by.  54. 

Candidacies;  notice  of,  to  party  committee;  when.     73. 

Canvassing  board ;  how  constituted  ;  swearing  of .     73 . 

Canvassing  board;  unfaithful  or  dishonest  discharge  of 
duty  by ;  penalty .  73 . 

Certificates  of  result  of  canvass;  disposal  of.     68. 

Challenges;  decision  of.     71. 

Challenges  for  delay  or  annoyance  of  voters;  penalty.  71. 


35 

Challenges;  oath  of  elector;  when;  effect  of;  vote  reject- 
ed; when.  71. 

Clerks;  how  chosen;  oaths  of.     57. 

Clerks  of  the  Peace ;  delivery  to  Department  of  Elections 
of  registration  books  for  municipal  elections.  61. 

Clerks  of  the  Peace ;  failure  to  deliver  Voting  Books  of 
Qualified  Voters  to  Department  of  Elections;  pen- 
alty. 66. 

Clerks  of  the  Peace ;  re-delivery  of  registration  books  to, 
after  primaries;  when;  by  whom.  62  to  64. 

Closing  of  polls  for;  time  of.     61. 

Compelling  or  inducing  primary  election  officer  to  receive 
illegal  vote;  penalty.  64. 

Compensation  of  election  officers;  how  paid.     72. 

Contests;  how  heard  and  determined.     73. 

Counting  of  votes;  how  conducted.    68. 

County  Treasurer ;  duty  to  sue  inspector  or  judge  for  fail- 
ure to  qualify,  serve  or  act.  54  to  56. 

Custodian  of  registration  books;  notice  to  of  holding  of. 
62. 

Defacing  books  or  papers  of;  penalties.     60. 

Definition  of.     53. 

Delegates  to  conventions ;  expenses  of  primaries  for,  how 
paid.  74. 

Department  of  Elections ;  duties  as  to  ballot  boxes  for.   67. 

Department  of  Elections;  duties  as  to  primaries.  58  to 
.  60,  61  to  64,  66,  67,  70. 

Department  of  Elections;  failure  to  deliver  registration 
books  to  Inspectors;  penalty.  66. 

Department  of  Elections ;  re-delivery  of  registration  books 
to  Clerk  of  the  Peace ;  when.  62  to  64. 

Department  of  Elections ;  revision  of  registration  for  mun- 
icipal elections.  61. 

Disposition  of  ballots  upon  counting.     68. 

Districts ;  by  whom  and  when  determined .     66 . 

Districts;  general  election  districts  not  divided.     66. 

Districts;  titles  and  distinctions  of;  how  designated.     66. 

Election  offenses  under  general  laws,  offenses  under  prim- 
ary election  law ;  penalties .  64 

Election  officers ;  compensation,  how  paid .     72 . 

Election  officers;  powers  of;  duties  as  to  good  order.     72. 

Election  officers;  removal;  when;  by  whom;  substitutes. 
72. 

Electors;  disqualified  to  vote  at  any  subsequent  primary 
for  that  election.  62  to  64. 


36 

Electors  entitled  to  vote  at  municipal  primary  elections. 

61. 

Electors ;  fact  of  voting  how  indicated .     62  to  64 . 
Electors;  qualifications;  how  determined.     62  to  64. 
Enclosed  area  at  polling  place  entrance;  who  allowed  in; 

violation;  penalty.     70. 
Expenses  of;  how  paid.     72. 

Failure  of  Inspector  or  Judge  to  qualify;  penalty.     54. 
Failure  of  Inspector  or  Judge  to  serve  or  act;  penalty. 

54  to  56. 

Failure  of  Inspector  to  have  registration  books  at;  pen- 
alty.    62. 
Failure  of  Inspector  to  re-deliver  registration  books  to 

custodian ;  penalty .     62  to  64 . 

Failure  of  respective  officers  to  deliver  appropriate  reg- 
istration books  for  use  at  primaries;  penalty.     68. 
False  personation  of  voters;  penalty.     64  to  66. 
Falsifying  books  or  papers  of;  penalties.     60. 
Form  of  ballots ;  how  voted .     73 . 
Fraudulent  attestation  of  books  and  papers  of;  penalties. 

60. 

Fraudulent  entries  in  books  and  papers  of;  penalties.  60. 
Fraudulent  removing  or  secreting  books     or     papers  of; 

penalties .     60 . 
Inducing  primary  election  officer  to  receive  illegal  vote; 

penalty.     64. 
Inducing   primary   election   officer   to   refuse   legal   vote ; 

penalty .     64 . 
Inducing  primary  election  officer  to  refuse  or  neglect  to 

comply  with  his  duties ;  penalty .     64 . 
Inducing  primary  election  officer  to  violate  law  regulating 

his  duties;  penalty.     64. 
Inducing  voter  not  to  vote;  penalty.     64. 
Inspectors  and  Judges  in  Wilmington;  appointment.     54 

to  56. 

Inspectors  outside  Wilmington ;  who  shall  be .     54  to  56 . 
Interfering  with,  delaying,  &c.,  primary  election  officers 

in  discharge  of  duty;  penalty.     64. 
Intoxicating  liquors;  bringing  into  or  drinking  in  places 

for;  penalty.     67. 

Intoxicating  liquors;  sale  on  primary  election  day.     74. 
Judges  outside  Wilmington;  appointment.     54  to  56. 
Levy  Courts;  payment  of  compensation  of  qualifiers   of 

primary  election  officers.     57. 
Levy  Courts;  payment  of  expenses  of,  when.     72. 


37 

Mayor  and  Council  of  Wilmington,  payment  of  expenses 
of,  when.  72. 

Method  of  voting;  record  of.     69. 

Municipal  elections;  revision  of  registration  for;  books 
how  procured.  61. 

Municipal  elections;  time  for  holding  primary  elections 
for.  61. 

Mutilating  books  or  papers  of;  penalties.     60. 

Nomination  by  ballot .     53 . 

Nominees;  how  ascertained.     73. 

Nominees;  vacancies  how  filled.     71. 

Notice  of  candidates  to  party  committee;  when.     73. 

Notice  of  holding.     53. 

Number  of  days  allowed  for  each  political  party  in  any 
one  year.  53. 

Oaths  of  clerks;  when  administered;  by  whom;  form.  57. 

Oaths  of  Inspectors  and  Judges;  when  taken;  form. 
56,  72. 

Oaths  of  Inspectors  or  Judges  chosen  on  day  of  election; 
how  administered.  57. 

Oaths  of  primary  election  officers  delivered  to  chairman 
of  political  party  organization.  57. 

Oaths;  powers  of  presiding  officers  and  Judges  to  admin- 
ister. 57,  71. 

Opening  of  polls  for;  time  of.     61. 

Other  box;  what  placed  in;  how  secured;  disposal  of.  68. 

Party  committee;  swearing  of  as  canvassing  board.     73. 

Place  for  holding;  how  designated  and  secured.     66. 

Place  for  holding;  where  located;  places  excluded.     66. 

Poll  books :  form  of ;  entries  in ;  by  whom  kept .     68,  69 . 

Poll  Lists;  disposal  of  after  count.     68. 

Powers  and  duties  of  election  officers  as  to  good  order.  72. 

Preventing  or  hindering  voter  from  voting;  penalty.   64. 

Printed  instructions  for;  how  furnished.      68. 

Promise  of  place  or  position  to  secure  voter's  support; 
penalty .  64 . 

Public  reading  of  ballots  as  counted.     68. 

Qualifications  of  Inspectors  and  Judges.     54.  55. 

Qualifiers  of  primary  election  officers ;  appointment ;  dut- 
ies ;  compensation .  57 . 

Receiving  illegal  votes;  penalty.     64. 

Refusing  legal  votes;  penalty.     64. 

Registration  books  for  delivery  to  Department  of  Elec- 
tions for  municipal  primaries.  61. 


38 

Begistration  books  for;  delivery  to  inspectors;  duties  as 
to .  62 . 

Registration  books  for;  how  procured  by  Inspectors.     62. 

Registration  books  for ;  produced  at ;  procedure  for .     62 . 

Registration  books  for;  re-delivery  to  custodian;  when; 
by  whom;  to  whom.  62,  63. 

Registration  books  for ;  use  of  at .     58  to  60,  61  to  63 . 

Registration  days.     57. 

Removal  of  election  officers ;  when ;  by  whom ;  substitutes . 
72. 

Repeating;  penalty.     64. 

Results  of  canvass ;  announcement  of .     68 . 

Results  of  canvass;  certificates  of;  disposal  of.     68. 

Revision  of  registration  for  Wilmington  municipal  elec- 
tions ;  time  of.  61. 

Roped  or  chained  area  at  polling  place  entrance ;  neglect 
of;  penalty.  70. 

Sheriff;  duties  as  to  ballot  boxes  for.     67. 

Sheriff;  failure  .to  deliver  registration  books  to  Inspect- 
ors ;  penalty .  66 . 

Soliciting  or  receiving  valuable  consideration  for  vote ; 
penalty.  64. 

Stealing  books  or  papers  of;  penalties.     60. 

Substituted  election  officers;  oath  of;  how  administered. 
72. 

Tally  Sheets;  entries  upon;  use  of;  signing;  disposal  of. 
68. 

Terms  of  office  of  Inspectors  and  Judges.    54  to  56. 

Tie  votes ;  how  determined .     73 . 

Time  for  closing  polls  for.     61. 

Time  for  holding  for  general  election.     61. 

Time  for  holding  for  Wilmington  Municipal  Election.  61. 

Time  for  opening  polls  for.     61. 

Time  for  revision  of  registration  for  Wilmington  munici- 
pal election.  61. 

Time  of  holding  by  a  political  party;  same  in  all  dis- 
tricts .  53 . 

Two  political  parties ;  held  on  different  days .     53 . 

Unlawful  act  to  secure  opportunity  for  himself  or  another 
person  to  vote;  penalty.  64  to  66. 

Unlawfully  influencing  an  elector  in  giving  his  vote ;  pen- 
alty. 64. 

Vacancies  among  Inspectors ;  how  filled .     54,  55 . 

Vacancies  among  nominees ;  how  filled .     72 . 


39 

Voting  at  primary  election  of  more  than  one  party;  pen- 
alty. 72. 

Voting' books  of  qualified  voters;  regulations  as  to.  58 
to  60,  62. 

Voting  in  district  where  not  a  resident;  penalty.     64. 

Voting  in  district  where  not  entitled;  penalty.     64. 

Voting  of  ballots;  method  of.     73. 

Voting  or  attempting  to  vote  more  than  once;  penalty.  64. 

Voting  or  attempting  to  vote  more  than  one  ballot;  pen- 
alty. 64. 

Voting  or  attempting  to  vote  upon  false  name  or  name  of 
another;  penalty.  64. 

Watchers;  privileges  of;  removal;  exclusion  of;  penalty. 
70. 

Wilfully  destroying  books  or  papers  of;  penalties.     60. 

Voting  Books  of  Qualified  Voters  for  Primary  Elections. 

Advising,  permitting,  procuring  or  abetting  offenses  as 
to.  60. 

Certification  of;  when;  how;  by  whom.     58,  59. 

Comparison  of;  when;  how;  by  whom.     58  to  60. 

Custody  of,  by  Department  of  Elections.     59  to  60. 

Custody  of.  by  Sheriffs.     58. 

Defacing;  penalty  for.     60. 

Delivery  in  Wilmington  to  Department  of  Elections.     58. 

Delivery  to  Inspectors;  procedure  for.     62. 

Delivery  to  Sheriffs.     58. 

Department  of  Elections;  duties  as  to.     58,  59,  60. 

Entries  in;  by  whom  made.     58.  • 

Entries  in  to  indicate  an  elector  has  voted.     62  to  64. 

Entry  blanks  in.     58,  59. 

Failure  of  Inspectors  to  have  at  primary  elections;  pen- 
alty. 62. 

Failure  of  Inspectors  to  re-deliver  to  custodian;  penalty. 
62,  63. 

Falsifying;  penalties.     60. 

Fees  for  oaths  to  certificates  of  registration  officers ;  how 
paid.  59?  60. 

Form  of;  ruling;  arrangement.     58,  59. 

Fraudulent  alteration  of;  penalties.     60. 

Fraudulent  entries  in;  penalties.     60. 

Fraudulent  erasures  in:  penalties.     60. 

Fraudulent  removing  or  secreting  of;  penalties.     60. 

Inspectors;  duties  as  to.     62,  63. 


40 

Levy  Courts;  payment  of  fees  for  oaths  to  certificates  of 

registration  officers  upon.     59. 
Mutilating;  penalties.     60. 

Names  entered  in;  alphabetical  order  of.     58,  59. 
Preparation  and  furnishing  of  in  Wilmington.     59. 
Preparation  and  furnishing  of  outside  Wilmington.     58. 
Production  of,  at  primaries;  procedure  for.     62. 
Purposes  of.     58,  59. 

Re-delivery  to  custodian  of,  by  Inspectors ;  when .     62,  63 . 
Registration  Officers;  duties  as  to.     58,  59. 
Sheriffs,  duties  as  to.     58. 
Stealing;  penalties.     60. 

Striking  names  from;  how;  by  whom.     59,  60. 
Verification  and  corrections  of.     58  to  60. 
Wilfully  destroying ;  penalties .     60 . 

Wilmington  Municipal  Elections. 

Ballot  boxes  for ;  how  furnished ;  description  of ;  other 
box.  67. 

Clerk  of  the  Peace ;  delivery  to  Department  of  Elections 
of  registration  books  for.  61. 

Clerk  of  the  Peace ;  re-delivery  to,  of  registration  books 
by  Department  of  Elections .  62 . 

Compensation  of  primary  election  officers;  how  paid.     72. 

Custodian  of  registration  books;  notice  to,  of  holding 
primaries  for.  62. 

Department  of  Elections;  duties  as  to  primaries  for.  61 
to  62,  66,  67,  70. 

Department  of  Elections;  revision  of  registration  for.  61. 

Electors;  disqualified  to  vote  at  subsequent  primaries.  62. 

Electors  entitled  to  vote  at  primaries  for.     61. 

Electors;  fact  of  voting  of,  at  primaries;  how  indicated. 
62. 

Electors;  qualifications  for  primaries;  how  determined. 
62. 

Expenses  of  primary  elections;  how  paid.     72. 

Failure  of  Inspectors  to  have  registration  books  at  prim- 
aries; penalty.  62. 

Failure  of  Inspectors  to  re-deliver  registration  books  to 
custodians;  penalty.  62. 

Failure  of  respective  officers  to  deliver  appropriate  regis- 
tration books  for  use  at  primaries .  66 . 

Number  of  primary  elections  for,  by  each  party,  in  any 
year .  53 . 


41 

Primary  election  officers;  compensation;  how  paid.     72. 
Registration  books  for  primaries;  delivery  to  inspectors; 

duties  as  to.     62. 
Registration  books  for  primaries;  production;  procedure 

for.     62. 

Registration  books;  how  procured  for  revision  for.     61. 
Registration   books   of  primary  elections;   re-delivery  to 

Department  of  Elections ;  when .     62 . 
Revision  of  registration  for.     61. 
Time  for  holding  primaries  for .     61 . 
Time  for  revision  of  registration  for.     61. 
Voting  books  of  qualified  voters  for  Primary  Elections; 

duties  of  Registration  Officers  as  to.     58. 
Voting  books  of  qualified  voters  for  Primary  Elections; 

use  of  at .     62 . 

PROTHONOTARY- 

Ballot  boxes;  duties  as  to.     163,  164,  195. 

Ballots  of  Electors  in  Military  or  Naval  Service;  delivery 

to.     195. 

Certificates  of  election;  duties  as  to.     163,  164,  195. 
Certificates  of  election  of  electors  in  Military  or  Naval 

Service;  delivery  to  Prothonotary.     195. 
Contested  election  of  Presidential  electors.     203. 
Contested  elections;  duties  as  to.     203,  215,  216. 
Elettion,  returns  of  electors  in  Military  or  Naval  Service, 

duties  as  to.     203. 


REGISTRATION  OFFICERS— 

Appeals  from.    (See  Registration  of  Voters.) 
Outside  of  Wilmington.     (See  Registration  of  Voters.) 
Registration  of  voters.     (See  that  title.) 
Wilmington.     (See  Registration  of  Voters.) 

Appeals  From  Registration  Officers. 

Affidavits  upon.     25. 

Alternate  Registrars;  duties  upon.     28,  25,  26,  27,  28. 
Attendance  of  registration  officers  upon.  25,  26.  27,  28. 
Citizens  in  military  or  naval  service ;  appeals  upon  appli- 
cations of.     36.  37. 


42 

Compensation  of  registration  officers  for  attendance  upon. 

30,  31. 

Corrections  upon;  when  made;  entries  of.    25,  26,  27,  28. 
Days  for  hearing  of.     24,  25,  26,  27. 
Decision  upon,  final .     24,  25 . 
Notice  to  Registrar.     24,  25,  26,  27. 
Procedure  upon.     24  to  28. 

Registration  books;  production  for;  entries  in.   25  to  28. 
Registration  officers;  duties  upon.     25  to  28. 
Resident  Associate  Judge;  appeal  tribunal;  duties  of.  24, 

25,  28,36,  37. 

Right  of;  who  may  take.     24,  25,  36. 

Service  of  notice  upon  registrars;  how  made;  when.     25. 
Sittings  of  Judges  for;  places;  notices  of.     25. 
Supreme  Court  Judge ;  appeal  tribunal,  when ;  duties  of . 

24,  25,  28,  36. 

Citizens  in  Military  or  Naval  Service. 

Appeals  from  decisions  of  registration  officers.     36. 

Applications  of,  for  registration;  status  of.     35. 

Auditor  of  Accounts ;  approval  of  expenses  of  Auxialiary 

Registrars .     37 . 

Auxiliary  Registrars;  appointment;  qualifying  of.     35. 
Auxiliary  Registrars;  compensation  of;  expenses  of;  how 

paid .     37 . 

Auxiliary  Registrars;  duties  and  powers  of.     35  to  36. 
Challenges  of  registrations  of;  by  whom;  determination 

of.     36. 

Citizens  entitled  to  registry.     35. 
Domicile  not  lost.     35. 
Entry  of  registrations  of  upon  registration  books;  when. 

36. 

Governor;  appointment  of  Auxiliary  Registrars.     35. 
Lists  of;  preservation;  inspection;  custody.     36. 
Lists  of  such  as  are  denied  registration;  making;  keep- 
ing; inspection.     36,  37. 
Lists  of  such  as  are  granted  registration ;  making  keeping ; 

inspection.     36,  37. 

Notice  of  time  for  visiting  camps,  for  registration  of.  36. 
Public  reading  of  registrations     of;     when;     by    whom. 

36,  37. 

Record  of  applicants  for  registration;  how  kept.  36. 
Registrars;  duties  as  to  registration  lists  of.  36,  37. 
Return  of  Auxiliary  Registrars;  when;  how;  to  whom.  36. 


43 

Right  to  be  registered.     35. 
Separate  lists  of,  for  each  election  district.     36. 
Sittings  for  registration  of.     39. 

State  Treasurer;  payment  of  expenses  and  compensation 
of  Auxiliary  Registrars .     37 . 

Registration  Books. 

Alphabetical  lists  of  registered  voters;  where  contained. 
13  to  15. 

Books  of  Registered  Voters ;  delivery    to     Clerk     of    the 
Peace  ;  when;  by  whom.     174. 

Books  of  Registered  Voters;  entries  in;  when  made.     21. 

Books  of  Registered  Voters;  how  ruled;  entry  blanks  in. 
13  to  15. 

Books  of  Registered.  Voters ;  number  of;  use  of.     13  to  15. 

Books  of  Registered  Voters;  printing;  posting;  distribu- 
tion; when;  where.     21. 

Books  of  Registered  Voters;  record  of  voting;  how  kept 
in.     159. 

Books  of  Registered  Voters;  use  of  at  election.     160. 

Certificates  in:  when  entered;  verification.     23. 

Citizens  in  military  or  naval  service ;  lists  of  applicants 
for  registration;  making;  use  of;  disposal  of.     36. 

Citizens  in  military  or  naval  service ;  registration  of ;  use 
of  registration  books  for.     36. 

Closing  daily  entry  in  Registers;  signing  of.     17  to  20. 

Comparison  of;  when;  corrections  upon.     23. 

Copies  of;  by  whom  may  be  taken.     29. 

Corrections  of  upon  appeals;  entries  in.     25  to  28. 

Custody  of.     28.  29. 

Delivery  of  by  Department  of  Elections;  when;  to  wjiom. 
15. 

Delivery  of  by  Governor ;  when ;  to  whom .     13  to  15 . 

Delivery  of  by  Sheriffs  ;  when ;  to  whom .     15 . 

Delivery  of  to  Alternate  Registrars;  when.     28. 

Delivery  of  to  Clerks  of  the  Peace;  when.     29. 

Delivery  of  to  Department  of  Elections  for  municipal  pri- 
maries.    61. 

Delivery  of  to  inspectors  of  election;  when.     29. 

Endorsements  upon.     16. 

Entries  after  daily  closing  entry  in  Registers;  how  made. 
17. 

Entries  in;  duty  of  whom  to  make.     25  to  28. 

Entries  in  Register  when  applicant  found  disqualified.  17. 


44 

Entries  in  upon  refusal  to  take  oath  upon  challenge  for 

bribery .     20 . 

Entries  in  upon  registrations;  how  made.     17. 
Failure  of  Clerk  of  the  Peace  to  deliver  to  Department  of 

Elections;  penalty.     66. 
Failure  of  Department  of  Elections  to  deliver  to  primary 

election  inspectors;  penalty.     66. 

Failure  of  Sheriff  to  deliver  to  primary  election  inspect- 
ors; penalty.     66. 

False  copies  of,  knowingly  made;  penalty.     33. 
Fraudulent  entries,  erasures  or  alterations  in;  penalty.  33. 
Fraudulent  entries  in;  penalty.     31-33. 
Fraudulent  misspelling  of  names  in;  penalty.     31. 
Fraudulent  refusal  or  omission  to  register;  penalty.     31. 
Fraudulent  secretion  or  removal  of;  penalty.     33. 
Fraudulent  striking  of  names  from;  penalty.     31. 
Governor;  duties  as  to.     13  to  15. 
Inspection  of;  when;  by  whom.     29. 
Losing  of;  penalty.     31. 

Numbering  of  applicants  in  registers.     17  to  20. 
Names  of  applicants ;  how  entered .     17  to  20 . 
Preparation  of.     13  to  15. 
Primaries;  use  of  at.    58,  59,  61,  62. 
Production  of,  upon  appeals.     25  to  28. 
Protection  of;  duties  of  Registration  Officers  for.     29. 
Refusal  to  take  oath  upon  challenge  for  bribery;  entries 

upon .     20 . 

Registers;  number  of;  entry  blanks  in.     13  to  15. 
Registers ;  rulings  and  headings  of ;  form ;  use  of .  13  to  15. 
Registers ;  uniformity  of ;  how  ruled ;  size .     13  to  15 . 
Removals  from  district  after  registration;  entries  in  upon 

transfers  of  registration.     22. 

Review  of  registration;  entries  when  name  struck  off.  22. 
Special  elections ;  registration  for ;  use  and  disposal  of.  34. 
Transfers  of  registration  upon  removals  from  district ; 

entries  in.     22. 

Unauthorized  entries  in;  penalty.     31. 
Unauthorized  striking  of  names  from;  penalty.     31. 
Voting  Books  of  Qualified  Voters;  delivery  to  municipal 

primary  election  inspectors;  re-delivery  to  custodian; 

duties  of  inspector  as  to.     62,  63. 
Voting  Books  of  Qualified  Voters  for  Primary  Elections; 

how  furnished;  entries  in;  comparison;  certification; 

disposal  of.     58  to  60,  62,  63. 


45 

Voting  Books  of  Qualified  Voters;  revision  and  prepara- 
tion for  municipal  primaries.  61,  62. 

Voting  Books  of  Qualified  Voters;  use  at  municipal  prim- 
aries; re-delivered  to  Clerk  of  the  Peace.  62,  63. 

Wilful  destruction,  mutilation,  defacing  or  falsification 
of;  penalty.  33. 

Registration  Officers. 

Alternate  Registrars;  powers  and  duties  of.     28. 

Appeals  from  decisions  of;  regulations  concerning.  24 
to  28. 

Appointees  to  fill  vacancies;  when  to  qualify.     13. 

Attendance  of  upon  appeals.     25  to  28. 

Attendance  of  witnesses;  powers  to  compel.     29. 

Ascertainment  of  compensation  of.     30. 

Auxiliary  Registrars ;  appointment ;  powers  and  duties ; 
compensation.  35  to  37. 

Book  of  Registered  Voters;  entries  in;  when  made.     21. 

Book  of  Registered  Voters;  printing;  posting;  distribu- 
tion ;  when ;  where .  21 . 

Bribery  of  expectant  Registration  Officers ;  penalty.     175. 

Certificates  in  registration  books;  verification;  when  en- 
tered. 23. 

Certification  of  compensation  of;  to  whom.     30. 

Citizens  in  military  or  naval  service;  duties  and  powers 
as  to .  35  to  37 . 

Closing  daily  entry  in  Registers;  signing  of.     17  to  20. 

Commitment  of  offenders  for  trial;  powers  for.     29. 

Comparison  of  registration  books ;  when ;  corrections  up- 
on. 23. 

Compensation  of;  how  paid.     30. 

Constables;  Registrars'  process;  service,  execution  and 
return  of.  29. 

Costs  of  printing,  posting,  notices,  ink  and  stationery  of; 
how  paid.  30. 

Court  of  General  Sessions ;  jurisdiction  of  violations  of 
duty  by.  13. 

Custody  of  registration  books.     28,  29. 

Dates  of  sitting  in  Wilmington;  notice  of.     16. 

Dates  of  sitting  outside  of  Wilmington;  notice  of.     16. 

Delivery  of  registration  books  by,  to  Clerks  of  the  Peace ; 
when.  29. 

Delivery  of  registration  books  to  Alternate  Registrars : 
when.  28. 


46 

Delivery  of  registration  books  to ;  by  whom ;  when .     15 . 
Delivery  of  registration  books  to  inspectors  of  elections; 

when.     29. 

Doubtful  cases;  procedure  upon.     17. 
Duties  of  when  sitting  for  registration.     17. 
Duty  to  act;  excuses  for  not  acting.     13. 
Endorsements  on  registration  books;  made  by.     16. 
Enforcement  of  commands  of;  powers  for.     29. 
Entries  after  daily  closing  entry  in  Registers;  how  made. 

17. 

Entries  in  books  upon  registrations.     17. 
Entries  in  Register  when  applicant  found  disqualified.  17. 
Entries  in  registration  books  by,  upon  appeals .     25  to  28 . 
Entries  in  registration  books ;   duty   of  whom  to  make . 

25  to  28. 

Examination  of  applicants  to  register.     17. 
Exempts  from  jury  duty  may  not  be.     13. 
Failure  or  refusal  to  act ;  penalty .     13 . 
False  copies  of  registers;  knowingly  making;  penalty.  33. 
Fees  for  oaths  of,  to  certificates  in  registration  books.  23. 
Fraudulent   entries,   erasures   or   alterations   in   books   of 

registered  voters.     33. 

Fraudulent  entries  in  Registers;  penalty.     31,  33. 
Fraudulent  misspelling  of  names  in  Registers;  penalty. 

31. 

Fraudulent  refusal  or  omission  to  register;  penalty.     31. 
Fraudulent   secretion   or  removal   of  registration  books; 

penalty.     33. 
Fraudulent   striking   of  names   from   registration   books; 

penalty.     31. 

Interference  with  unlawfully;  penalty.     32. 
Jury  duty;  exemptions  from.     13. 
Levy  Court ;  duties  as  to  compensation  and  expenses  of . 

30. 

Losing  registration  books ;  penalty .     33 . 
Majority  of;  powers  of.     23. 
Military  duty;  exemption  from.     13. 
Notice  to  Registrars  of  appeals  from  registration  officers. 

24,  25. 

Oaths  of  office;  when  taken.     13. 
Oaths;  powers  to  administer.     20,  29. 
Oath  upon  challenge  for  bribery;  duty  to  administer.     20. 
Places  of  sitting  in  "Wilmington;  notice  of.     16. 
Places  of  sitting  outside  of  "Wilmington;  notice  of .     16. 
Preservation  of  order  by;  powers  for.     29. 


47 

Process  ;  powers  for  issuance  of .     29 . 

Production  of  registration  books  by,  upon  appeals.     25 

to  28. 

Protection  of  registration  books;  powers  for.     29. 
Quorum  of.     29. 

Refusal  to  qualify;  penalty.     13. 
Refusal  to  take  oath  upon  challenge  for  briber^-;  entries 

upon .     20 . 
Registrars;  special  powers  of;  compensation  for  exercise 

of.     29. 

Registration  books  delivered  to:  by  whom;  when.     15. 
Removal   from   district    after   registration;    duties    as   to 

transfer  of  registration.     22. 
Review  of  registration;  procedure  by.     22. 
Service  of  process  issued  by ;  fees  for  .   17,  29 . 
Sittings  of  ;  places ;  dates  ;  hours  ;  intermission ;  notices  of1. 

16.  57. 

Special  elections;  registration  for;  duties  as  to.     34. 
State  Treasurer;  payment  of  compensation  of.     30. 
Transfer  of  registration  upon  removal  from  district;  dut- 
ies as  to.     22. 

Violations  or  omissions  of  duties  by;  penalty.     31. 
Voting  Books  of  Qualified  Voters  for  Primary  Elections; 

duties  as  to.     58,  59. 
Wilful   destruction,   mutilation,   defacing   or   falsification 

of  registration  books;  penalty.     33. 

Registration  Officers  in  Wilmington. 

Alternate  Registrars;  appointment;  terms  of  office  of; 
duties.  43. 

Alternate  Registrars;  when  to  act.     43. 

Appointment ;  when;  removal;  filling  vacancies  in.  42  to 
44. 

Becoming  candidates;  office  vacant;  how  filled.     44. 

Blanks  for  use  of ;  supplying ;  custody .     45 . 

Books  of  Registered  Voters;  printing;  posting;  distribu- 
tion; when;  where.  21. 

Ceasing  to  be  a  voter  in  district ;  office  vacant .     43 . 

Certificates  for  use  of;  supplying;  custody.     45. 

Certificates  of  appointment  of;  purport  of.     44. 

Compensation  of;  how  paid.     47. 

Delivery  of  registration  books  to;  by  whom;  when.     15. 

Department  of  Elections;  duties  and  powers  as  to.  10, 
15,  16,  21,  41  to  47. 


4S 

Designations  of.     42. 

Dismissal  of;  filling  vacancies.     41,  43,  44. 

Division  of  between  political  parties.     42. 

Forms  for  use  of ;  supplying ;  custody .     45 . 

Ineligible  to  office;  when.     44. 

Instructions  for  use  of;  supplying;  custody.     45. 

Jury 'duty;  exemption  from;  when.     44. 

Maps  for  use  of;  supplying;  custody.     45. 

Military  duty;  exemption  from.     44. 

Nomination  lists  for;  by  whom.     42. 

Notice  of  dates  and  places  for  sittings  of.     16,  57. 

Oath  blanks  for  use  of;  supplying;  custody.     45. 

Oaths  of  office;  form  of;  before  whom  taken.     10,  43. 

Oaths  of,  when  taken;  failure  to  take;  penalty.     44. 

Performance  of  duties  by;  failure;  penalty.     44. 

Political  parties;  nominations  by  and  division  between 
of  registration  officers.  42. 

Qualifications .     42 . 

Eecords  of  deaths  of  males;  duties  as  to  and  use  of.     46. 

Registration  and  election  laws  for  use  of;  supplying  cus- 
tody. 45. 

Kegistration  books  delivered  to;  by  whom;  when.     15. 

Eemoval  from  district  by ;  office  vacant .     43 . 

Removal  of;  procedure  for.     41,  43,  44. 

Sittings  of ;  notice  of  dates  and  places  for .     16,  57 . 

Supplies  for  use  of ;  furnishing ;  custody .     45 . 

Terms  of  office  of.     42,  43,  44. 

Vacancies  in ;  how  filled ;  terms  of  office  of  appointees ; 
powers  and  duties.  43,  44. 

Voting  Books  of  Qualified  Voters  for  Primary  Elections; 
duties  as  to.  58,  59. 

Kegistration  Officers  Outside  of  Wilmington. 

Alternate  Registrars;  appointment,  &c.     10. 

Appointment ;  when ;  how .     10 . 

Assistant  Registrars;  appointment,  &c.     10. 

Becoming  candidates  for  office  in  district ;  office  of  vacant. 

10. 
Book  of  registered  voters ;  printing,  posting ;  distribution ; 

when;  where.     21. 

Clerks  of  the  Peace;  duties  and  powers  as  ot.     10. 
County  executive  committees ;  duties  as  to .     10 . 
Delivery  of  registration  books  to ;  by  whom .     when .     15 . 
Designations  of.     10. 


49 

Governor  to  appoint;  to  fill  vacancies.     10. 
Ineligibility  for  office  ;  when .     10 . 
Nominations  for;  by  whom  made;  when.     10. 
Notices  of  dates  and  places  for  sittings  of.     16,  57. 
Number  for  each  election  district.     10. 
Oaths  of  office;  form  of;  before  whom  taken.     10. 
Qualifications.     10. 
Registrar;  appointment,  &c.     10. 

Registration  books  delivered  to;  by  whom;  when.     15. 
Removals  from  district ;  office  vacant .     10 . 
Sittings  of;  notice  of  dates  and  places  for.     16,  57. 
Terms  of  office  of.     10. 
Vacancies;  how  filled.     10. 

Voting  Books  of  Qualified  Voters  for  Primary  Elections; 
duties  as  to.  58,  59. 

Registration  of  Voters  Generally. 

Admission  to  registration  rooms.      17. 

Affidavits;  with  whom  filed.     25. 

Alternate  Registrars;  powers;   duties.      28. 

Appeals  from  registration  officers;  regulations  concern- 
ing. 24  to  28. 

Applicants  for  registration;  admission  to  registration 
room.  17. 

Attendance  of  witnesses.     29. 

Auxiliary  Registrars ;  appointment ;  poAvers  and  duties ; 
compensation.  35  to  37. 

Biennial  General  Registration.     16. 

Book  of  Registered  Voters ;  delivery  to  Clerk  of  the  Peace ; 
when:  by  whom.  17-i. 

Book  of  Registered  Voters;  entries  in;  printing;  posting; 
distribution .  21 . 

Breaches  of  the  peace  at  or  near  registration  places ;  pen- 
alty. 32. 

Certificates  in  Book  of  Registered  Voters ;  sworn  to ;  when 
entered .  23 . 

Certificates  to  Registers;  when  made;  purport  of;  verifi- 
cation. 23. 

Challenge  for  bribery;  oath:  form  of;  conclusive.     20. 

Citizens  in  military  or  naval  service;  regulations  for  reg- 
istration of.  35  to  37. 

Closing  daily  entry  in  Registers;  signing  of.     17,  18. 

Commitment  of  offenders  for  trial.     29. 

Comparison  of  registration  books;  when;  corrections 
upon .  23 . 


50 

Compensation  of  registration  officers  ;  how  paid .     30 . 
Constables ;  service  of  process  of  Registrars ;  fees .     29 . 
Copies  from  registration  books;  by  whom  may  be  taken. 

29. 

Custody  of  registration  books.     28,  29. 
Delivery  of  registration  books;  regulations  as  to.     15. 
Delivery  of  registration  books  to  Alternate   Registrars; 

when.     28. 
Delivery   of  registration  books   to   Clerks   of  the   Peace; 

when.     29. 

Delivery  of  registration  books  to  Inspectors;  when.    29. 
Department  of  Elections;  designation  of  places  of  regis- 
tration by;  regulations  as  to.     45. 
Disqualifications  for  registrations.      17,   18. 
Doubtful  cases;  procedure  upon.     17,  18. 
Duty  of  registration  officers  to  act.     13. 
Ejecting  of  persons  from  registration  rooms.     17. 
Endorsements  on  registration  books.     16. 
Enforcement  of  commands  of  Registrars.     29. 
Entries  after  daily  closing  entry  in  Registers ;  how  made . 

17,  18. 
Entries  in  Registers  when  applicant  found  disqualified. 

17,  18. 
Entries  in  registration  books;  duty  of  whom  to  make. 

25  to  28. 

Entries  under  headings  in  Registers.     17,  18. 
Examination  of  applicants.     17,  18. 
Exemptions  of  registration  officers.      13. 
Expenses   of  registration   officers   and   registration;   how 

paid.     30. 

False  copies  of  Registers ;  knowingly  making ;  penalty.   33. 
False  oath  upon  challenge  for  bribery;  penalty.     20. 
Fees  for   oaths   of  registration   officers   to   certificates   in 

Book  of  Registered  Voters.      23. 
Fraudulent   entries,   erasures   or   alterations   in   books   of 

registered  voters;  penalty.     33. 
Fraudulent  entries  in  Registers;  penalty.     31,  33. 
Fraudulent  misspelling  of  names  in  Registers;  penalty. 

ol . 

Fraudulent  refusal  or  omission  to  register;  penalty.     31. 

Fraudulent  secretion  or  removal  of  registration  books  ; 
penalty.  33. 

Fraudulent  striking  of  names  from  Registers,  &c. ;  pen- 
alty. 31. 

General  registration  biennially.     16. 


51 

Inspection  of  registration  books;  when;  by  whom.     29. 

Interference  with  registration  officers;  penalty.     32. 

Intoxicating  liquors  in  registration  places;  penalty.     31. 

Levy  Court ;  duties  as  to  compensation  of  officers  and  reg- 
istration expenses.  30. 

Levy  Court.  New  Castle  County;  payment  for  oaths  of 
registration  officers  to  certificates  in  Book  of  Reg- 
istered Voters.  23. 

Losing  registration  books;  penalty.     33. 

Majority  of  registration  officers;  powers  of.     23. 

Names  of  applicants;  how  entered.     17,  18. 

Notices;  what  deemed  sufficient.     23. 

Numbering  of  applicants  in  Registers.     17,  18. 

Oaths;  powers  to  administer.     29. 

Places  of  registration :  designation  by  Department  of 
Elections;  regulations  as  to.  45. 

Posted  lists ;  mutilation,  defacing,  pulling  down,  or  de- 
stroying; penalty.  33. 

Preservation  of  order.     29. 

Procedure  for  registrations.     17,  18. 

Process;  how  and  by  whom  issued;  how  served.     17,  29. 

Protection  of  registration  books.     29. 

Qualifications  for  registration.     17,  18. 

Qualifications  of  registration  officers.     13. 

Quorum  of  registration  officers.     23. 

Refusal  to  take  oath  upon  challenge  for  bribery;  disqual- 
ification. 20. 

Registrars;  custodians  of  registration  books;  when.     28. 

Registrars :  special  powers  of ;  compensation  for  the  ex- 
ercise of.  29. 

Registration  Books;  regulations  as  to.     1?. 

Registration  days.     16,  57. 

Registration  Officers  in  Wilmington.  10,  15,  16,  21,  41 
to  47. 

Registration  Officers  outside  of  "Wilmington.  10,  15, 
16,  21. 

Removal  from  district  after  registration;  procedure  for 
transfer  of  registration.  22. 

Representatives  of  political  parties;  admission  to  regis- 
tration room.  17. 

Residence  of  applicants:  provisions  as  to.     17.  18. 

Review  of  registration;  notice  of;  entries  when  name 
struck  off.  22. 

Revision  of  registration  for  municipal  primaries;  by 
whom ;  when .  61 . 


Sheriffs ;  service  of  process  of  Registrars ;  fees .     29 . 
Sittings  of  registration  officers ;  regulations  as  to .  16,  57 . 
Special  elections;  registration  for;  regulations  for.     34. 
State  Treasurer;  payment  of  compensation  of  registration 

officers.     30. 

Transfer  of  registration  upon  removal  from  district;  pro- 
cedure for.  22. 

Unauthorized  entries  in  registration  books;  penalty.   31. 
Unauthorized  striking  of  names  from  registration  books; 

penalty.     31. 
Violations  or  omissions  of  duties  by  registration  officers; 

penalty.     31. 
Voting  Books  of  Qualified  Voters  for  Primary  Elections; 

delivery  to  registration  officers ;  duties  as  to .     58,  59 . 
Voting  Books  of  Qualified  Voters  for  Primary  Elections; 

entries  in;  comparison  and  certification  of;  delivery 

of  to  custodians.     58,  59. 
Wilful  destruction,  mutilation,  defacing  or  falsification  of 

registration  books;  penalty.     33. 
Witnesses  for  applicants ;  admission  to  registration  rooms. 

17. 
Witnesses   for    challenger;      admission     to     registration 

rooms.     17. 
Wrongful  registrations  or  attempts  to  register;  penalty. 

32. 

Special  Elections. 

Clerks  of  the  Peace ;  delivery  of  registration  books  to ; 
when .  34 . 

Clerks  of  the  Peace ;  duties  as  to ;  procuring  of  registra- 
tion books  from;  when.  34. 

Days  of  sittings  of  registration  officers  for.     34. 

Delivery  of  registration  books  to  Clerks  of  the  Peace; 
when .  34 . 

Delivery  of  registration  books  to  registration  officers.  34. 

Duties  of  registration  officers  for.     34. 

Entries  in  registration  books  for.     34. 

General  Assembly ;  registration  for  special  elections  to 
fill  vacancies  in.  34. 

Inspectors  of  Election ;  what  registration  books  delivered 
to.  34. 

Persons  who  may  be  registered  for.     34. 

Places  of  sittings  of  registration  officers  for.     34. 

Registration  books;  procuring  for.     34. 


53 

Registration  books;  which  delivered     to     Inspectors     of 

Election.     34. 
Registration  for.     34. 
Registration  officers;  duties  as  to.     34. 
Sittings  of  registration  officers  for.     34, 
Vacancies  in  General  Assembly;  registration  for  special 

elections  to  fill.     34. 

REPRESENTATIVES  IN  CONGRESS,  ELECTION  OF— 

Certificates  of  election;  by  whom;  to  whom.     206. 

Certificates  of,  election  of  special  election;   granting  by 
Governor.     207. 

Certificates  of  state  of  vote;  delivery  to  Governor.     206. 

Certificates  of  state  of  vote  of  special  election ;  delivery  to 
Governor .     207 . 

Conduct  of ;  how ;  by  whom .     205 . 

Conduct  of  special  election;  how;  by  whom.     207. 

Department  of  Elections;  filling  vacancies  among  Inspect- 
ors.    206. 

Elections  to  fill  vacancies;  when,  where  and  how  held. 
206  to  208. 

Governor;  duties  as  to  special  election  to  fill  vacancies. 
206,  207,  208. 

Governor;  duties  as  to  state  of  vote  and  proclamation. 
206. 

Governor;  filling  vacancies  among  Inspectors.     206. 

Governor's  discretion  and  direction  as  to  time  of  special 
election.     208. 

Inspectors;  notice  given  by,  of  special  election.     207. 

Inspectors;  proclamation  of  special  election  delivered  to. 
207. 

Inspectors;  vacancies  among;  how  filled.     206. 

Notice  of  special  election;  posting  of;  when.     207. 

Proclamation  by  Governor  of  state  of  vote.     206. 

Proclamation  by  Governor  of  state  of  vote  of  special  elec- 
tion.    207. 

Proclamation  of  special  election;  delivery  to  Inspectors. 
207. 

Proclamation  of  special  election;  posting,  &c.     206. 

Result  of  special  election;  how  ascertained.     207. 

Sheriff;  duties  as  to  special  elections.     207. 

Special  election;  how  held,  conducted  and  result  ascer- 
tained.    207. 

Time  and  places  of.     205. 


54 

Vacancies  among  Inspectors;  by  whom,  when  and  how 

filled.     206. 

Vacancies;  how  filled.     206  to  208. 
Writs  for  special  election;  issuance;  to  whom;  by  whom; 

when.     206. 

S 

SHERIFF— 

Ballot  Boxes  for  Primary  Elections;  duties  as  to.     67. 

Contested  Election  for  members  of  the  General  Assembly ; 
duties  of  the  Sheriff  of  Kent  County;  upon  execution 
for  costs  in.  213. 

Elections;  duties  as  to.  96,  143,  144,  147,  174,  203,  209, 
213. 

Presidential  electors;  contested  election  of;  duties  as  to 
subpoenas  for  witnesses.  203. 

Process  of  Registrars ;  service  of;  fees.     29. 

Registration  books  for  Primary  Elections;  failure  to  de- 
liver to  Inspectors;  penalty.  66. 

Registration  books  for  voters ;  delivery  of  by ;  when ;  to 
whom.  15. 

Representative  in  Congress,  election  of ;  duties  as  to  Spe- 
cial Elections.  206,  207. 

Special  election  for  General  Assembly ;  duties  as  to .  184, 
185,  186. 

United  States  Senators,  duties  as  to  special  election.     209. 

Voting  Books  of  Qualified  Voters  for  Primary  Elections; 
custody  of.  58. 

SPECIAL  ELECTIONS— 

General  Assembly.      (See  General  Elections.) 
Registration  of  voters  for.      (See  Registration  of  Voters, 

Special  Elections.) 

Representatives  in  Congress,  Election  of .   (See.  that  title.) 
United  States  Senators,  Election  of.     (See  that  title.) 

U 

UNITED  STATES  SENATORS,  ELECTION  OF— 

Certificate  of  election;  by  whom;  to  whom.     209. 
Certificates  of  election  of  special  election;   granting  by 
Governor .     209 . 


55 

Certificates  of  state  of  the  vote ;  delivery  to  Governor.  209. 

Certificates  of  state  of  vote  of  special  election ;  delivery  to 
Governor.  209. 

Certification  of  appointment  or  election;  forms  for.     209. 

Conduct  of ;  how ;  by  whom .     209 . 

Conduct  of  special  election;  how;  by  whom.     209. 

Election  to  fill  vacancies;  when  where  and  how  held.  209. 

Electors;  qualifications  of.     209. 

Governor;  certification  of  election  or  appointment.     209. 

Governor;  duties  as  to  special  election  to  fill  vacancies. 
209. 

Governor;  duties  as  to  state  of  vote  and  proclamation. 
209. 

Governor's  discretion  as  to  time  of  special  election.     209. 

Governor;  temporary  appointment  to  fill  vacancies.   209. 

Inspectors;  notice  given  by,  of  special  election.     209. 

Inspectors;  proclamation  of  special  election  delivered  to. 
209. 

Inspectors;  vacancies  among  how  filled.     209. 

Notice  of  special  election;  posting  of;  when.     209. 

Proclamation  by  Governor  of  state  of  vote.     209. 

Proclamation  by  Governor  of  state  of  vote  of  special  elec- 
tion. 209* 

Proclamation  of  special  election;  delivery  to  inspectors. 
209. 

Proclamation  of  special  election;  posting.     209. 

Qualification  of  electors.     209. 

Result  of  special  election;  how  ascertained.     209. 

Secretary  of  State ;  countersignature  of  certificate  of  elec- 
tion or  appointment.  209. 

Sheriffs ;  duties  as  to  special  elections .     209 . 

Special  election;  how  held,  conducted  and  result  ascer- 
tained. 209. 

Temporary  appointment  by  Governor.     209. 

Term  of  office  of  temporary  appointee.     209. 

Time  and  places  of.     208. 

Vacancies  among  inspectors;  by  whom  and  how  filed.  209. 

Vacancies ;  how  filled .     209 . 

Vacancy  one  year  before  general  election;  duty  of  Gov- 
ernor as  to  writ.  209. 

Writs  for  special  election;  issuance;  by  whom;  to  whom. 
209. 


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